Sec. 45a-433. (Formerly Sec. 45-273). Distribution of intestate estates.
Sec. 45a-433. (Formerly Sec. 45-273). Distribution of intestate estates. (a) After
payment of expenses and charges, an intestate estate shall be distributed by the administrator or other fiduciary charged with the administration of the estate; provided the Court
of Probate may, in its discretion, on its own motion or upon application by any interested
person, appoint three disinterested persons to make the distribution.
(b) If all the persons interested in the estate legally capable of acting and all fiduciaries for any other persons interested in the estate make and file in the court a division of
the estate, made, executed and acknowledged like deeds of land, such division, being
recorded in the records of the court, shall be a valid distribution of the estate. Any such
fiduciary may petition the court of probate which appointed him for permission to enter
into such a division, and such permission may be granted or, for cause shown, denied
by the court, after a hearing on such petition held on such notice as the court may order.
(c) If any intestate estate consists wholly of real property, the Court of Probate shall
issue a certificate of descent to the heirs at law, as provided by section 45a-450, without
formal distribution or without a mutual distribution as provided for in this section, unless
there is filed in the Court of Probate, within one month after the acceptance of the
administration account, the ascertainment of the distributees and the order of distribution, a mutual distribution executed by all of such heirs at law or a return of distribution
as provided by this section.
(1949 Rev., S. 7057; 1969, P.A. 232, S. 1; P.A. 80-476, S. 319.)
History: 1969 act included fiduciaries for persons interested in the estate as parties to making and filing of division and
added provision re fiduciary's petition to enter into division; P.A. 80-476 divided section into Subsecs. and made minor
changes in wording; Sec. 45-273 transferred to Sec. 45a-433 in 1991.
Annotations to former section 45-273:
Claims not barred by distribution. K. 429; 6 C. 267; 22 C. 279. Heirs cannot sue for conversion of personal property
before distribution. 1 D. 152. Distribution cannot be made by distributors appointed by heirs. 3 D. 264. Heirs are tenants
in common until distribution. 5 D. 218. Heirs have no title to or right to possession of personal property until distribution.
4 C. 349. Reversionary interest in dower land may be distributed during life of widow. 9 C. 230. On appeal it may be
shown that distribution is unjust. Id. Statute de distribution does not deprive heirs of power to divide their estate by deed.
14 C. 123. No distributors necessary when estate consists wholly of cash. 16 C. 317. Decree accepting return of distributors
conclusive except on appeal. 17 C. 392; 24 C. 246; 38 C. 271. Where will provides rule for distribution it must be followed.
19 C. 317. Law of domicile governs distribution of personal estate. 21 C. 582. Widow's share in personal estate vests in
her administrator when she dies before distribution. 26 C. 352. Distribution is not affected by prior conveyances by an
heir of his interest in estate. 29 C. 419; 53 C. 37. Distributions to be liberally construed. 31 C. 588. Evidence of distributors
as to what they intended by certain language in distribution inadmissible. 42 C. 270. If necessary distributors should make
reappraisal. Id., 346. Intent governs in construction of distribution. 43 C. 545. Mutual distribution not executed in accordance
with requirements of statute does not preclude an order of distribution. 54 C. 228. Distribution must recognize, but cannot
impose, conditions on estate. 64 C. 40. Rights of heirs before distribution. 67 C. 1; 69 C. 616; 75 C. 601; 83 C. 351; 84 C.
212; 84 C. 569; 87 C. 85. Cited. 69 C. 78. History and nature of distribution. Id., 611; 72 C. 153; 75 C. 33. Estate must be
before court in orderly way; if administrator is dead a successor must be appointed. 70 C. 377. Acceptance of mutual
distribution does not oust court of jurisdiction to adjudicate on administration account. 72 C. 559. Informal distribution
of personalty; rights of creditors. 75 C. 33. Parties may make any distribution they can mutually agree upon. Id.; 86 C.
471; 89 C. 427; 104 C. 104. Distribution relates back to death. 75 C. 598; 81 C. 442. Long acquiescence in division may
cause it to be upheld. 75 C. 598; 88 C. 686; 91 C. 12; But see 80 C. 363. Distribution not source of title. 78 C. 485; 89 C.
427; 91 C. 12; but see 75 C. 40. Distribution will not be construed to impute irregularities to court and distributors. 80 C.
371. Stock may be distributed in fractional parts. 81 C. 95. Heir not included who goes into possession; he may claim
adversely. 90 C. 562. All parties interested must join in a mutual distribution. 104 C. 104. See note to Sec. 45-272a. Cited.
111 C. 591; 137 C. 610.
Cited. 13 CA 45.
Cited. 40 CS 484.