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CHAPTER 6 - DECEDENTS' ESTATES
Section 1. Settlement of Small Estates without Probate of Will or Letters
of Administration
a. The surviving spouse of any person who dies, or if there is no surviving spouse, any of the next of kin of such decedent, or if there is no next of kin or if such surviving spouse or next of kin refuses, then any suitable person whom the court deems to have a sufficient interest may, in lieu of filing an application for admission of a will to probate or letters of administration, file an affidavit in the Probate Court in the district wherein the decedent resided, stating, if such is the case, that all debts of the decedent have been paid in the manner prescribed by Section 48 of this Chapter, at least to the extent of the fair value of all of the decedent's assets, when: (1) such decedent leaves property of the type described in subsection (b) of this Section and (2) the aggregate value of any such property as described in subsection (b) of this Section does not exceed the sum of $20,000.
b. Such property includes:
(1) A deposit in any bank;
(2) equity in shares in any savings and loan association, federal savings and loan association or credit union, doing business in this state;
(3) corporate stock or bonds;
(4) any unpaid wages due from any corporation, firm, individual, association or partnership located in this state;
(5) a death benefit payable from any fraternal order or shop society or payable under any insurance policy for which the decedent failed to name a beneficiary entitled under the bylaws and regulations of such order or society or under the terms of such insurance policy to receive such death benefit;
(6) other personal property, tangible or intangible, including a motor vehicle or motor vehicles and a motor boat or motor boats registered in his name; or
(7) an unreleased interest in a mortgage with or without value.
c. Thereafter, except as provided in subsection (e) of this Section, the probate judge shall issue a decree finding that no probate proceedings have been instituted in connection with the estate of such decedent and authorizing either the holder of such property or the registrant thereof, including the authority issuing the registration, to transfer the same or pay the amount thereof to the persons legally entitled thereto. The Probate Court may issue such certificates and other documents as may be necessary to carry out the intent of this Section. If the petitioner indicates in such affidavit that the assets listed in such affidavit or a portion thereof are necessary to pay the funeral director who buried such decedent or to pay debts due for the last sickness of the decedent, the court may order the payment of such assets directly to such funeral director or to those creditors to whom debts are due for the last sickness of the decedent to the extent necessary to pay their preferred claims for funeral expenses or expenses for the decedent's last sickness, or may order such assets sold and the proceeds from such sale paid directly to the funeral director or such creditors. Any decree issued by the court may authorize the surviving spouse or next of kin, or some suitable person whom the court deems to have a sufficient interest, to release an interest in any mortgage reported under the provisions of this Section.
d. If there is no surviving spouse or next of kin of a person who dies leaving property as described in this Section, the funeral director who buried such decedent or any creditor to whom a debt is due for the last sickness of the decedent may file in the Probate Court an affidavit as described in this Section that such funeral director or any creditor to whom a debt is due for the last sickness of the decedent has a lawful preferred claim for funeral expenses or expenses for the decedent's last sickness. Thereupon such court may, in its discretion, authorize either the holder of such property or the registrant thereof, as aforesaid, to transfer the property or pay from the property the amount of such claim, or to pay proceeds from the sale of any such assets ordered sold by the court, to such funeral director or any creditor to whom a debt is due for the last sickness of the decedent, in satisfaction of the amount of the claim of each.
e. If an affidavit is filed under subsection (a) of this Section in lieu of an application for admission of a will to probate or letters of administration and the fair value of the property of the decedent exceeds the total amount of claims, including any amounts allowed to the family under Section 25 of this Chapter, the court shall proceed as follows:
(1) If no purported last will and testament is found, the court shall order distribution of the excess in accordance with the laws of intestate succession;
(2) If the decedent left a duly executed last will and testament and the will provides for a distribution which is the same as that under the laws of intestate succession, the court shall order distribution of the excess in accordance with the laws of intestate succession;
(3) If the decedent left a duly executed last will and testament and the will provides for a distribution different from that under the laws of intestate succession, and the heirs at law of such decedent sign a written waiver of their right to contest the will, the court shall order the excess to be paid in accordance with the terms of the will;
(4) If the will directs a distribution different from the laws of intestate succession, and the heirs at law do not waive their right to contest the admission of such will, the will shall be offered for Probate in accordance with Section 8 of this Chapter. In such case, the court may issue a decree under this Section only if the persons entitled to take the bequests under the will consent, in writing, to the distribution of the bequests in accordance with the laws of intestate succession. If the claims against the estate exceed the value of the property of such decedent, the claims shall be paid in accordance with the priorities set forth in Section 48 of this Chapter. As used in this subsection, the term "will" includes any duly executed codicil thereto.
f. Any such transfer or payment shall, to the extent of the amount so transferred or paid, discharge the registrant or holder of such property from liability to any person on account thereof.
g. As a condition of such transfer or payment, the registrant or holder may require the filing of appropriate waivers, the execution of a bond of indemnity and a receipt for such transfer or payment.
Section 2. Payment of Medical or Health Benefits
When any decedent is entitled to payment of medical benefits, tribal, federal, or state, or insurance or health benefits or proceeds, or other intangible personal property owned by or payable to him or to his estate in a sum not exceeding $1,000, the probate judge may name an administrator, ex parte, for the purpose of enabling distribution to the surviving spouse or, if there is no surviving spouse, to the next of kin of such decedent or to the funeral director or physician, as the case may be, upon evidence satisfactory to him that all debts have been paid or provided for as prescribed by Section 48 of this Chapter.
Section 3. Applicability of Statutes
Sections 1 and 2 of this Chapter shall apply only to estates of decedents for whom no will is presented for Probate or no application for administration is filed within 30 days after death.
Section 4. Custodian of Will to Deliver it after Testator's death. Penalty
a. Any person having in his possession any will or codicil shall, forthwith, after he has knowledge of the death of the testator, deliver such will either to the person designated to be the executor or one of the persons designated to be an executor thereof, or to the judge or clerk of the Probate Court.
b. On the neglect of such person to do so within the period of 30 days after he has knowledge of the death of the testator, he shall be fined not more than $1,000.
Section 5. Executor to Exhibit Will for Probate. Penalty for Failure
a. Every person having knowledge of his designation in a will as an executor of a testator's estate shall, within 30 days next after the death of the testator, apply for Probate of the will to the Probate Court.
b. Every such person neglecting to do so shall be fined not more than $100.
Section 6. Opening of Safe Deposit Boxes to Search for a Will
Whenever the sole owner of a safe deposit box dies, his next of kin, spouse, or any person showing a sufficient interest in the presence of a will may apply to the Probate Court for an order to open the decedent's safe deposit box to obtain any will or cemetery deed that may be contained therein. The Probate Court may issue such order ex parte. The safe deposit box shall be opened in the presence of an officer of the bank who shall make return of such order to the court stating: (a) that only the will or cemetery deed was removed from the safe deposit box or (b) that there was no such will or cemetery deed in the safe deposit box and nothing was removed.
Section 7. Proof of Will Out of Court
Any or all of the attesting witnesses to any will may, at the request of the testator or, after his decease, at the request of the executor or any person interested under it, make and sign an affidavit before any officer authorized to administer oaths in or out of the state of Connecticut or tribal lands, stating such facts as they would be required to testify to in court to prove such will. The affidavit shall be written on such will or, if that is impracticable, on some paper attached thereto. The sworn statement of any such witness so taken shall be accepted by the Probate Court as if it had been taken before the court.
Section 8. Hearing Required before Proving or Rejecting a Will. Notice
The Probate Court shall, before proving or disapproving any last will and testament, or codicil thereto, hold a hearing thereon, of which notice, either public or personal or both, as the court may deem best, has been given to all parties known to be interested in the estate, unless all parties so interested sign and file in court a written waiver of such notice, or unless the court, for cause shown, dispenses with such notice. The finding by the court that the estate is not more than sufficient to pay the expenses of administration and of the funeral and last sickness shall be sufficient cause to dispense with such notice.
Section 9. Recording of a Will Proved Outside Tribal Lands
a. When a will conveying property situated on the tribal lands has been proved and established outside tribal lands by a court of competent jurisdiction, the executor of such will or any person interested in such property may present to the Probate Court, an authenticated and exemplified copy of such will and of the record of the proceedings proving and establishing the will and request that such copies be filed and recorded. The request shall be accompanied by a complete statement in writing of the property and estate of the decedent on the reservation. If, upon a hearing, after such notice to other parties in interest as the court orders, no sufficient objection is shown, the Probate Court shall order such copies to be filed and recorded, and they shall thereupon become a part of the files and records of such court, and shall have the same effect as if such will had been originally proved and established in such Probate Court.
b. Nothing in this Section shall give effect to a will made on the reservation by an inhabitant thereof which has not been executed according to the laws of the Tribe.
c. If the Probate Court finds sufficient objection to such will, the applicant shall offer competent proof of the contents and legal sufficiency of the will except that the original thereof need not be produced unless so directed by the Probate Court.
Section 10. When Bond Required of Executor. Amount of Bond. Reduction of
Bond
a. A probate bond shall be required of an executor, unless such bond is excused as provided by law.
b. If the will designates a person to be an executor and directs that no bond or that a bond of a certain amount only shall be required of such executor, the Probate Court shall follow such provisions of the will if no objection to such provisions has been filed, provided, if an objection has been filed or the Probate Court determines that for cause shown the filing of a bond is necessary for the protection of creditors, a bond shall be required in an amount which shall not be less than an amount equal to twice the amount of the debts of the deceased as estimated by the court or to the amount named in the will, whichever of such amounts is the greatest.
Section 11. Administration with the Will Annexed and De Bonis Non
a. If no person has been designated in a will to be executor, or if the person designated in the will to be executor has died or refuses to accept or is incapable of accepting such trust, and no alternate or successor has been named, the court shall commit the administration of the estate, with the will annexed, to any person or persons in accordance with the order of priority for the appointment of administrators under subsection (c) of Section 19 of this Chapter, except that any person who is entitled to a bequest or devise under such will, or his or her designee, shall have priority over a person who is not so entitled, or on the objection of any one interested under such will or of any creditor, which objection is found reasonable by the court, the court may commit the administration of the estate, with the will annexed, to any person whom the court deems proper, taking a probate bond.
b. If during the settlement of an estate, the executor or the administrator with the will annexed appointed by the court dies or resigns or is removed from such trust, and no alternate or successor has been named in the will, the court shall appoint an administrator of the estate with the will annexed, de bonis non, subject to the same provisions as to hearing, notice, waiver of or order dispensing with notice, selection of the administrator and bond, as are stated in this Section and Section 8 of this Chapter.
c. If the person designated in the will to be executor has died or refuses to accept or is incapable of accepting such trust, or if during the settlement of the estate, the executor appointed by the court dies, or resigns or is removed from such trust, and the will names an alternate or a successor, the court shall appoint such alternate or successor executor named in said will as executor, who shall have all the powers and duties as provided in the will. Such appointment shall be subject to the same provisions as to hearing, notice, waiver of or order dispensing with notice, and bond, as are stated in this Section and Sections 8 and 10 of this Chapter.
Section 12. Executor to Administer Intestate Part of an Estate
When a will which disposes of only a part of the estate of the testator is admitted to Probate, the executor of such will, or the administrator with the will annexed, shall, unless otherwise specified in such will, be, ex officio, the administrator of the intestate estate and shall proceed to settle the entire estate according to the will and according to law.
Section 13. Executor of an Executor
The executor of an executor shall not as such administer the estate of the first testator.
Section 14. Notice of Devise or Bequest to Corporation
Within 30 days after the admission to probate of any will containing a devise or bequest to any corporation or voluntary association, the judge or clerk of the Probate Court shall mail, postage paid, a written notice thereof, directed to the devisee or legatee at the place where it is located.
Section 15. Expenses of Executor or Administrator in Will Contest
a. The Probate Court shall allow to the executor his just and reasonable expenses in defending the will of such person in the Probate Court, whether or not the will is admitted to probate.
b. If there is an appeal from the order or decree of such court, admitting or refusing to admit to probate the will of such person, the Probate Court shall allow to the executor or administrator his just and reasonable expenses in supporting and maintaining or defending against such will, on such appeal.
c. Such expenses shall be charged by such court pro rata against the respective rights or shares of the devisees and legatees under such will and the distributees of such estate.
Section 16. Court may Annul Orders Passed Under
a. Revoked Will. Subsequent Settlement Procedure. When it appears to the Probate Court, pending proceedings before it for the settlement of the estate of a deceased person as a testate estate, that the will under which such proceedings were commenced and have been continued had been revoked in accordance with the provisions of subsection (b) of Section 4 of Chapter 5, the court shall have power to revoke, annul and set aside any order or decree proving or approving the will so revoked and any other order or decree made and passed by such court in the settlement of the estate under such will.
b. The court may thereafter proceed with the settlement of the estate under a subsequent will if there is one or, if there is no subsequent will, may grant administration on the estate of such deceased person and proceed with the settlement of the estate as an intestate estate upon such notice to all parties in interest as the court orders.
Section 17. Procedure if, on Appeal, Will is Set Aside after Partial Settlement.
Effect on Fiduciary
When a will is admitted to probate by the Probate Court, and an appeal is taken from the probate of such will, the acts done in good faith by the executor of such will or by an administrator with the will annexed in settling the estate of the testator shall be deemed valid to the same extent as if no appeal had been taken. When an inventory and appraisal have been returned to court by such executor or administrator with the will annexed, and when an order limiting the time for the presentation of claims against the estate of such testator has been passed and published, a further inventory and appraisal shall not be required except of property not included in the inventory returned to court, and further time need not be given for presentation of claims against such estate, if upon such appeal such will is set aside by the appellate court. Nothing in this Section shall authorize the executor or administrator with the will annexed to pay any legacies named in the will so appealed from while such appeal is pending.
Section 18. Procedure if Will is Found after Partial Settlement
When it appears to the Probate Court, during proceedings before it for the settlement of the estate of a deceased person as an intestate estate, that such deceased person left a will, the court shall have power to revoke any order or decree granting letters of administration upon such estate and any other order or decree made by the court in the settlement of such estate as an intestate estate. The court may thereafter proceed with the settlement of such estate under such will, upon notice to all parties in interest as required in the settlement of testate estates. The acts already done in good faith before the court revokes the order or decree granting administration by the administrator of such estate in the settlement thereof shall be deemed valid to the same extent as if such letters had not been revoked. If an inventory and appraisal have been returned to the court by such administrator, a further inventory or appraisal shall not be required, except of property not included in such inventory. If an order limiting the time for the presentation of claims against such estate has been passed and published, further time shall not be required to be given for presentation of such claims.
Section 19. Jurisdiction of Intestate Estates. Probate Costs. Issuance of
Letters of Administration
a. Jurisdiction of Intestate Estates. Probate Costs. When any Indian domiciled on tribal lands dies intestate, the Probate Court shall have jurisdiction to grant letters of administration.
b. Application, Notice and Hearing re: Letters of Administration. Upon application for letters of administration to the Probate Court of the estate of an intestate decedent, the court shall, before granting letters of administration, after notice required by this Section, hold a hearing. Notice of such hearing, either public notice, personal notice or both as the court deems best, shall be given to all persons interested in such estate, unless all persons so interested sign and file in court a written waiver of such notice, or unless the court, for cause shown, dispenses with such notice. The finding by the court that such estate is not more than sufficient to pay the expenses of administration, the funeral and last sickness shall be sufficient cause to dispense with such notice.
c. To Whom Letters of Administration Granted. Upon hearing as required by this Section, the Probate Court having jurisdiction shall grant administration of the intestate decedent's estate to any one or more persons or their designees appointed in the following order, provided such person or persons are entitled to share in the estate of the decedent:
(1) the surviving spouse;
(2) any child of the decedent or any guardian of such child as the court shall determine;
(3) any grandchild of the decedent or any guardian of such grandchild as the court shall determine;
(4) the decedent's parents;
(5) any brother or sister of the decedent;
(6) the next of kin entitled to share in the estate, or, on their refusal, incapacity or failure to give bond or upon the objection of any heir or creditor to such appointment found reasonable by the court, to any other person whom the court deems proper.
d. If the intestate decedent resided off tribal lands leaving property on tribal lands, the Probate Court may, upon notice and hearing as required by this Section, grant administration to such person as the court deems proper.
e. Bond Required of Administrator. The court, upon granting any administration, shall take a Probate bond from the administrator or any successor administrator appointed by the Probate Court.
Section 20. Finding of Domicile
Upon the admission of any will to probate or the appointment of an administrator of the estate of any deceased person, or the placing of a will on file under Section 9 of this Chapter, the Probate Court shall make a finding as to the domicile of such person at the time of death. Upon application of any interested party, the Probate Court may grant any administration or admit any will to probate or place any will on file subject to a subsequent and final finding of domicile, or for any other reason the Probate Court may find proper, and upon such conditions and limitations as the Probate Court shall determine advisable for the due and proper administration of the decedent's estate. Any person interested in such estate may appeal from such finding as provided in Chapter 3, Section 32.
Section 21. "Fiduciary" Defined
As used in Chapter 4, Sections 1, 20 to 22; Chapter 6, Sections 1 to 3, inclusive, 21 to 24 inclusive, and 25 to 30, inclusive, unless otherwise required by the context, "fiduciary" includes the executor or administrator of a decedent's estate.
Section 22. Appointment of Temporary Administrator or Trustee or an Officer
to Preserve Assets. Bond
Whenever, upon the application of a creditor or other person interested in the estate of a deceased person or insolvent debtor, it is found by the Probate Court of the estate that the granting of administration on the estate or the probating of the will of the deceased or the appointment of a trustee in insolvency will be delayed, or that it is necessary for the protection of the estate of the deceased or insolvent person, the court may, with or without notice, appoint a temporary administrator or trustee to hold and preserve the estate until the appointment of an administrator or trustee or the probating of the will. The court shall require from such administrator or trustee a probate bond. If the court deems it more expedient, it may order any deputy sheriff or constable to take possession of the estate until the appointment of an administrator, executor or trustee.
Section 23. Powers and Duties of Temporary Appointee. Removal. Account
a. The temporary administrator or officer appointed pursuant to the provisions of Section 22 of this Chapter shall take immediate possession of all the real and personal property of the deceased, collect the rents, debts and income thereof and do any additional acts necessary for the preservation of the estate that the court authorizes.
b. Such administrator or officer may be authorized by the court to sell any personal property of the estate which is perishable in its nature or which the court finds cannot be retained to advantage, and may be further authorized to make up or complete any stock or materials in an unfinished state, and to continue any business, so far as may be necessary for the preservation of the same.
c. Such administrator or officer shall file forthwith under oath an inventory of all personal property of the deceased and, when ordered to do so, shall exhibit to the court an account of his actions.
d. Such administrator or officer may be removed by the court with or without notice and a successor appointed whenever such action appears to the court advisable.
e. Upon the appointment and qualification of the administrator or the administrator with the will annexed or the qualification of the executor, such temporary administrator or such officer shall exhibit forthwith to the court an account of his trust and deliver to the administrator, executor or administrator with the will annexed all of the estate of the deceased remaining in his hands.
Section 24. Custody of Remains of Deceased Persons
The custody and control of the remains of deceased Indian residents of the tribal lands shall belong to the surviving spouse of the deceased. If the surviving spouse had abandoned, and at the time of death was living apart from, the deceased, or if there is no spouse surviving, then such custody and control shall belong to the next of kin, unless the decedent, in a duly acknowledged writing, designated another person to have custody and control of his remains. The Probate Court may at any time, upon the petition of any of the kin or such person, award such custody and control to that person who seems to the court most fit to have the same. If a deceased Indian resident of the tribal lands leaves no spouse, next of kin or designated person surviving, or if the spouse, next of kin or designated person cannot be contacted after due diligence to assume custody and control of the remains of such decedent as provided in this Section, or if the spouse, next of kin or designated person refuses to assume such custody and control, the Probate Court of the deceased may, upon the petition of a representative of the Tribe or a licensed funeral director grant such custody and control to some suitable person.
Section 25. Allowance for Support of Surviving Spouse and Family. Family
Car
a. The Probate Court may allow out of any real or personal estate of a deceased person in settlement before the Court, including a small estate being settled under the provisions of Section 1 of this Chapter, such amount as it may judge necessary for the support of the surviving spouse or family of the deceased during the settlement of the estate.
b. In making such allowance the court may in its discretion include in its decree ordering such allowance any one or more of the following provisions, to the extent they are not mutually inconsistent:
(1) A provision that such allowance shall run;
(a) for the entire period the estate is in settlement; or
(b) for a fixed period of time not to exceed the period of settlement, in which case such allowance shall be subject to renewal by the court in its discretion;
(2) a provision that such allowance is to be paid in a lump sum;
(3) a provision that such an allowance made for a surviving spouse shall vest in such spouse retroactively as of the moment of death of his spouse so that it will be a fixed sum certain as of said date of death and shall not terminate with the subsequent death or remarriage of the surviving spouse, such allowance to be the absolute property of the surviving spouse, or, if deceased, of the estate of such surviving spouse, without restriction as to use, encumbrance or disposition and for the purpose of this Section, the right to seek such a vested allowance shall be a vested right as of the date of death of the deceased spouse; and
(4) a provision that such allowance shall be charged ultimately in whole or in part against any right the surviving spouse or other family member for whom an allowance is ordered may have to the income of the estate earned during the period of settlement.
c. The court may also allow for the use during the settlement of the estate by such surviving spouse or family of any motor vehicle maintained by the decedent during his lifetime as a family car.
Section 26. Partition or Sale of Undivided Interest in Decedent's Estate.
Notice. Hearing
a. During the settlement of the estate of any person who died owning an undivided interest in any property not specifically devised or bequeathed, the executor or administrator of the estate and the owner or owners of the major portion of the other interest therein may apply in writing to the Probate Court having jurisdiction of the estate to order partition of the same.
b. Unless the petition for the partition of such interest in property is signed by all the persons in interest, or the guardians of such of them as are minors, or the conservators of such of them as are incapable persons having conservators, the court shall, following public notice, fully hear the case and make all orders as the interests of the parties and the estate demand. In such case the court shall not order partition unless upon full hearing it appears that the best interests of the estate and of the parties concerned will be promoted thereby.
c. If, upon such petition, it is the opinion of the Court of Probate that a sale will better promote the interests of the owners, or that the property cannot be beneficially divided for the purpose of distribution, it may order the sale of any or all such property in such manner and upon such notice as it deems expedient; but unless the petition for the partition or sale of such interest in property is signed by all the persons in interest, or the guardians of such of them as are minors, or the conservators of such of them as are incapable persons having conservators, the court shall, following public notice, fully hear the case and make all orders as the interests of the parties and the estate demand. In such case the court shall not order sale unless upon full hearing it appears that the best interests of the estate and of the parties concerned will be promoted thereby. An order to sell pursuant to this Section shall not be made until the executor, administrator or person designated to sell gives a probate bond to secure the execution of his trust according to the order of the court and according to law unless the Probate Court dispenses with the requirement of a probate bond as provided in Chapter 3, Section 25.
d. The court may appoint for the purpose of partitioning such property a committee of three disinterested persons, who shall be sworn and shall make a return of their actions to the court according to the order thereof. Such partition, when so made and returned to and accepted by the court, and all orders and decrees relating thereto, shall bind all persons interested therein and their heirs.
e. The portion set to the estate of the deceased person shall be treated as if the same had been partitioned in the lifetime of such deceased person by the court.
f. If the name or residence of any party entitled to share in the proceeds of property so sold is unknown to the court and cannot be ascertained, it shall appoint a trustee for the share of such party. Such trustee shall give a probate bond and shall hold such share until demanded by the person or persons entitled thereto.
Section 27. Court may Authorize Stock and Materials to be Worked up or Business
to be Continued
Fiduciaries of a decedent's estate and trustees in insolvency may be authorized by the Probate Court to work up and complete any stock and materials in an unfinished state, or to continue any business so far as may be expedient for the prudent winding up of the same, if the court finds that it will be for the interest of the estate.
Section 28. Settlement of Estate on Presumption of Death
a. Any person who has been absent from his home and unheard of for a period of seven or more years shall be presumed to be dead.
b. If such person left a will, it shall be presented for probate, and, if he left no will, administration on his estate shall be granted by the Probate Court, as provided in Section 19 of this Chapter, and his estate may be settled and distributed in the same manner as if he were known to be dead.
c. After such administration and distribution, the fiduciary shall not be liable to the person so presumed to be dead in any action for the recovery of the estate.
Section 29. Time Limited for Granting Administration or Proving Will; Exceptions
Except as provided in Chapter 4, Section 24, administration of the estate of any person shall not be granted, nor shall the will of any person be admitted to Probate, after 10 years from his decease, unless the Probate Court upon written petition and after public notice and hearing finds that administration of such estate ought to be granted, or that such will should be admitted to probate; but when any minor is interested, one year shall be allowed after his arrival at the age of majority to take out administration or to cause such will to be proved. In all cases where any person has died leaving property which is not known to those interested in the same within the time above limited, but is discovered afterwards, administration may be granted within one year after its discovery.
Section 30. Settlement of Estate after Ten Years. Closure of Estate for Dormancy
a. Whenever for any cause the settlement of any decedent's estate after the appointment of a fiduciary has been delayed or not completed, the Probate Court before which the same is pending may at its discretion proceed with the settlement of such estate, although more than 10 years have elapsed since any proceedings have been taken, and in such case may make all such orders as might have been proper if such settlement had not been delayed.
b. In any such case in which it appears to the court that the fiduciary has neglected or refused to complete administration of the estate and the appointment of a successor fiduciary would serve no useful purpose, the court may hold a hearing, after giving public notice thereof and notice to such others as the court deems reasonable. Thereafter, on its own motion, the court may order and decree the estate closed for dormancy and the bond released without adjudication and the estate shall be closed and only reopened by further order of the court; provided the bond shall be released for future acts and not for any acts or misdeeds occurring during the period of administration of the estate.
Section 31. "Fiduciary" Defined
As used in Sections 31 to 36 of this Chapter, inclusive, "fiduciary" includes the executor or administrator of a decedent's estate.
Section 32. Inventory to be Filed. Property Included in Inventory. Appraisal.
Time Limits. Sale of Personal Property. Hearing. Return of Sale
a.
(1) Inventory of all the property of every deceased person and insolvent debtor, except real property situated off the tribal lands, duly appraised, shall be made and sworn to by the fiduciary;
(2) When any personal property of a deceased person or insolvent debtor is located outside tribal lands the court may receive an inventory of such property, accompanied by such evidence of its value as it deems sufficient and sworn to by the fiduciary;
(3) The inventory and appraisal of the estate of any deceased nonresident shall include only such interest as the decedent had at the time of his death in the tangible personal property situated on tribal lands and intangible personal property, provided intangible personal property shall not be included if the proceeding in the state of Connecticut with regard to such estate is ancillary to a proceeding in another jurisdiction.
(4) The fiduciary shall appraise or cause to be appraised such inventoried property at its fair market value.
b.
(1) The fiduciary shall file the inventory in the Probate Court within two months after the acceptance of the bond or other qualification of the fiduciary.
(2) The court may, for cause shown, extend the time for the filing of such inventory to not more than four months from the qualification of the fiduciary.
c. If the court grants administration of a decedent's estate to a person other than:
(1) the person designated in the will as executor or successor to such executor;
(2) the surviving spouse;
(3) any child of the decedent or any guardian of such child as the court shall determine;
(4) any grandchild of the decedent or any guardian of such grandchild as the court shall determine;
(5) the decedent's parents;
(6) any brother or sister of the decedent; or
(7) the next of kin entitled to share in the estate.
The fiduciary appointed by the court shall file an inventory as required by this Section prior to the sale, either under a power in the will or under the laws of this state, of any property; except that if the fiduciary appointed is a Connecticut bank and trust company or national banking association authorized to do business in Connecticut, such fiduciary shall not be required to file such an inventory of intangible personal property prior to sale. The fiduciary shall send a copy of such inventory to each person interested in the estate and shall notify each such person by certified mail, return receipt requested, that a sale of certain items in the inventory is contemplated. Such notice shall inform the recipient that he or she may object to such sale by filing a notice of objection in writing with the Probate Court within five days after receipt of such notice of sale. Upon receipt of such notice of objection, the court shall set a time and place for a hearing, with notice to all persons interested in the estate.
d. Notwithstanding the provisions of subsection (c), upon application by the fiduciary, the sale of personal property without a hearing prior to the filing of an inventory and notice of sale, provided the court finds that an expeditious sale is necessary for the protection of the estate and a delay would cause irreparable harm to the estate.
e. The fiduciary shall file a return of sale with the court after any sale of personal property of the decedent.
Section 33. Penalty for not Filing Inventory
If any fiduciary fails to file in the Probate Court an inventory and appraisal for the estate of a deceased person as required, within the time limited, the court may cite such fiduciary to appear at a time and place therein stated and show cause why he should not be removed. Unless sufficient cause is shown and an inventory and appraisal is forthwith filed, the court shall remove such fiduciary and appoint a successor to complete the administration of such estate.
Section 34. Objections to Inventory or Appraisal. Notice and Hearing
a. Within 60 days after the receipt of such inventory and appraisal by the court any interested party may file in the court a statement in writing setting forth in detail such objections as he may have to the acceptance of the inventory or appraisal.
b. Upon the filing of the objections, the court shall order a hearing on the acceptance of the inventory and appraisal to be had within 60 days and not less than 15 days after the filing of the objections. The court shall cause notice of the time and place of the hearing to be forthwith given to the fiduciary of the estate and to each party in interest.
c. The court, upon such hearing, shall hear the objections and may order the fiduciary to amend the inventory or appraisal in any way that it finds proper, and may accept the same as amended.
Section 35. Appointment of Court-Appointed Appraisers Prohibited
There shall be no court-appointed appraisers of any decedent's property.
Section 36. Beneficiary Designation Exempt from Laws Governing Transfer by
Will
The designation in accordance with the terms of: (1) an insurance, annuity or endowment contract, or of any agreement issued or entered into by an insurance company in connection therewith, supplemental thereto or in settlement thereof; or (2) any thrift plan, savings plan, pension plan, profit-sharing plan, death benefit plan, stock bonus plan, employee stock ownership plan, retirement plan including a self-employed retirement plan, qualified cash or deferred arrangement which is part of a profit-sharing plan or stock bonus plan, individual retirement account, annuity or bond or simplified employee pension plan, of any person to be a beneficiary or owner of any right, title or interest thereunder upon the death of another, shall not be subject to any law governing the transfer of property by will, even though such designation is revocable by the person who made it, or the rights of such beneficiary or owner are otherwise subject to defeasance.
Section 37. Definitions
For the purposes of Sections 1, 37 to 66, inclusive, 67 and 76 of this Chapter, the following terms shall have the following meanings, unless otherwise specifically provided:
a. "Fiduciary" means an ancillary or domiciliary executor, administrator, administrator c.t.a., administrator d.b.n., administrator c.t.a. d.b.n. and temporary administrator of the estate of a decedent.
b. "Assets" means all property and property interests, whether real or personal, tangible or intangible, corporeal or incorporeal, and choate or inchoate, of a decedent at the time of his death or of the estate of a decedent;
c. "Beneficiary" means any person entitled to legal title to any assets:
(1) under the laws governing descent and distribution;
(2) under the provisions of a will or codicil;
(3) by virtue of a right of election;
(4) in settlement of a will contest; or
(5) by mutual distribution; but shall not include the recipient of assets pursuant to a widow's allowance or family allowance paid by order of the Probate Court.
d. "Claim" means all claims against a decedent:
(1) existing at the time of the decedent's death; or
(2) arising after the decedent's death, including, but not limited to, claims which are mature, unmatured, liquidated, unliquidated, contingent, founded in tort, or in the nature of exoneration, specific performance or replevin.
e. "Creditor" means any person having a claim.
f. "Demonstrative disposition" means a testamentary disposition to be taken out of specified or identified property.
g. "Distributee" means a person who receives assets under the statutes governing descent and distribution.
h. "First fiduciary" means the fiduciary first appointed by the Probate Court to administer the estate of a decedent.
i. "General Disposition" means a testamentary disposition not amounting to a demonstrative, residuary or specific disposition.
j. "Newspaper Notice" means notice published in a newspaper having a substantial general circulation within tribal lands and in the surrounding area but not The Pequot Times or its substantial equivalent.
k. "Notice" means a written instrument containing the required information sent to the person to whom the notice is to be given by certified mail or registered mail and the date on which such notice shall be deemed given shall be the date of mailing; provided in the case of notice required to be given by the Probate Court, the term "notice" shall include such forms of notification in addition to certified or registered mail as the Probate Court shall in its discretion direct.
l. "Person" means a natural person, association, board, corporation, partnership or other firm or entity.
m. "Specific disposition" means a testamentary disposition of a specified or identified item.
n. "Spouse" means either a husband or wife who have been joined in lawful marriage.
o. "Testamentary disposition" means a disposition of assets by will.
Section 38. Notice to Creditors
a. The Probate Court shall cause newspaper notice to be published at least once notifying all persons having claims to present their claims to the fiduciary. Newspaper notice shall be made within 14 days after the appointment of the first fiduciary. Such notice shall state:
(1) the name of the fiduciary and the address at which claims should be presented;
(2) that persons with claims should promptly present those claims to the fiduciary; and
(3) that failure to promptly present any such claim may result in the loss of rights to recover on such claim.
b. In the event of a failure of publication of such notice, a defective publication of such notice, or the death, resignation or removal of the fiduciary, the Probate Court may, in its discretion, order such supplemental publication of notice as it shall determine.
Section 39. Effect of Failure to Present Claim; Exoneration of Fiduciary
a. If any claim is not presented on or before the day which is 150 days from the date of the appointment of the first fiduciary, no fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed in good faith in satisfaction of any lawful claims, expenses or taxes or to any beneficiary before such claim was presented. A payment or distribution of assets by a fiduciary shall be deemed to have been made in good faith unless the creditor can prove that the fiduciary had actual knowledge of such claim at the time of such payment or distribution. Such 150 day period shall not be interrupted or affected by: (1) failure of publication or defective publication of the newspaper notice required by Section 38 of this Chapter; or (2) the death, resignation or removal of a fiduciary, except that the time during which there is no fiduciary in office shall not be counted as part of such period.
b. No fiduciary shall be chargeable for any assets that a fiduciary may have paid or distributed at any time pursuant to a widow's allowance or family allowance ordered by the Probate Court.
Section 40. Optional Notice Procedures; Effect of Failure to Present Claim;
Discretionary Extension of Time; Exoneration
a. A fiduciary may at any time give notice to any person such fiduciary has reason to believe may have a claim that, if such person fails to present any such claim to the fiduciary on or before a date specified in such notice which date shall not be less than 90 days from the date of such notice, such person will be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Such notice shall contain the name and address of the fiduciary to whom such claim must be presented. The fiduciary shall not be liable to any creditor, beneficiary or any other person for the decision of the fiduciary to use or refrain from using this optional notice procedure.
b. Any creditor notified in accordance with subsection (a) of this Section, who fails to present his claim to the fiduciary on or before the date specified in such notice shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate. Any creditor who presents his claim on or before the date specified in such notice may not increase such claim following the expiration of such period.
c. Any creditor who, through no fault of his own, has failed to present his claim within the time set forth in the notice given to said creditor pursuant to subsection (a) of this Section may submit an application for an extension of time to file such claim with the Probate Court within 180 days from the date of such notice. Upon such application, the Probate Court may, upon hearing after notice, for cause shown, enter an order extending the time for such creditor to present his claim for a period of not more than 30 days from the date of such order, and no claim so presented shall be barred by the application of subsection (b) of this Section; provided no such extension may be granted which would extend the period for presenting such claim beyond the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to Section 58 of this Chapter, would otherwise have expired.
Section 41. Form and Verification of Claims; Presentation
a. Every claim shall be presented to the fiduciary in writing. In addition, the fiduciary may require the claimant to present proof by affidavit that his claim is justly due, that all payments thereon, if any, have been credited and that he knows of no offsets or evidence of indebtedness and holds no security, except as specifically described in the affidavit.
b. Whenever the fiduciary resides outside of the state, claims may be presented to the fiduciary by filing such claims with the judge of probate in the district where such estate is in settlement. The Probate Court shall promptly forward to the fiduciary a copy of any such claim.
c. No creditor shall be entitled to enforce payment of his claim against assets in the hands of a fiduciary in any proceeding in any court unless his claim is presented in accordance with the provisions of this Section.
d. A claim may be presented to the fiduciary, or filed with the Probate Court pursuant to subsection (b) of this Section, by: (1) personal delivery to the fiduciary or Probate Court, as the case may be; or (2) mailing by regular, certified or registered mail, postage prepaid, to the fiduciary or Probate Court, as the case may be.
e. A claim shall be deemed presented on:
(1) the date on which the fiduciary actually receives the claim in the event the claim is presented by delivery to the fiduciary personally;
(2) the date of mailing in the event the claim is properly mailed to the fiduciary at the fiduciary's address as set forth in the newspaper notice given under Section 38 of this Chapter, or in the notice given under Section 40 of this Chapter, or in the records of the Probate Court; or
(3) the date of receipt by the court if the claim is presented in accordance with subsection (b) of this Section.
Section 42. Unmatured, Contingent or Unliquidated Claims
a. If, at the death of any person, there shall be an unmatured, contingent or unliquidated claim or an outstanding bond, note, recognizance or undertaking upon which he was principal, surety, or indemnitor and on which at the time of his death the liability was unmatured, contingent or unliquidated, then the Probate Court shall, on the petition of either:
(1) a claimant who has duly presented his claim or
(2) the fiduciary to whom an unmatured, contingent or unliquidated claim has been duly presented, after notice to such persons as the court shall direct, conduct a hearing to determine whether a reserve from the assets of the estate should be established to secure the payment of the unmatured, contingent or unliquidated claim. Following such hearing the Probate Court shall issue an order that:
(a) no reserve be established; or
(b) the fiduciary establish a reserve from the assets of the estate in such amount as the court may deem reasonable to secure the payment of the unmatured, contingent or unliquidated claim when the amount thereof shall become due and payable; provided in no event shall the amount of such reserve exceed the difference between the amount of any such unmatured, contingent or unliquidated claim and the value of any security or collateral to which the creditor may resort for payment of such claim. In fixing the amount to be reserved for the payment of any such claim the Probate Court shall determine the value of any security or collateral to which the creditor may resort for payment of such claim. The order of the Probate Court concerning the establishment of a reserve shall discharge the fiduciary from all personal liability with respect to such unmatured, contingent or unliquidated claim, with the exception of the fiduciary's obligation to maintain any reserve so established.
b. Any such reserve shall be retained by the fiduciary for such period or periods as the Probate Court shall direct for the purpose of being applied to the payment of such claim when matured, fixed and liquidated; except that the Probate Court shall retain jurisdiction over the reserve and may from time to time issue orders regarding the continuation and management of the reserve, including the power to direct the disposition of income and principal. The fiduciary, in managing the reserve, shall be entitled to reasonable compensation and reimbursement for all expenses, including reasonable attorney's fees, which shall be paid out of the reserve. Such portion of the reserve as is not needed to pay the claim when matured, fixed and liquidated shall be distributed according to law by the fiduciary as directed by the Probate Court.
Section 43. Allowance or Rejection of Claims
a. The fiduciary shall:
(1) give notice to a person presenting a claim of the rejection of all or any part of his claim;
(2) give notice to any such claimant of the allowance of his claim; or
(3) pay the claim.
b. A notice rejecting a claim in whole or in part shall state the reasons therefor, but such statement shall not bar the raising of additional defenses to such claim subsequently.
c. If the fiduciary fails to reject, allow or pay the claim within 90 days from the date that it was presented to the fiduciary as provided by Section 41 of this Chapter, the claimant may give notice to the fiduciary to act upon the claim as provided by subsection (a) of this Section. If the fiduciary fails to reject, allow or pay the claim within 30 days from the date of such notice, the claim shall be deemed to have been rejected on the expiration of such 30 day period.
Section 44. Return and List of Claims
Within 60 days following the expiration of the 150 day period set forth in subsection (a) of Section 39 of this Chapter, the fiduciary shall file in the Probate Court a return and list of claims sworn to by the fiduciary containing: (1) a list of all persons notified pursuant to Section 40 of this Chapter; and (2) a list of all claims presented to the fiduciary within such 150 day period stating as to each such claim whether and to what extent such claim was allowed or rejected.
Section 45. Determination of Claims Presented if Fiduciary Dies, Resigns
or is Removed
A successor fiduciary may apply to the Probate Court to determine: (1) any and all claims presented to any predecessor fiduciary; (2) the time of presentation of each such claim; (3) whether optional notice was given by any predecessor fiduciary to any persons pursuant to Section 40 of this Chapter; and (4) whether and to what extent each such claim was rejected, allowed or paid by any predecessor fiduciary. Upon application by a successor fiduciary, after notice to such persons as the court shall direct, the court shall hear and decide the foregoing matters and the court's decision with regard thereto shall, unless timely appealed, be final and conclusive.
Section 46. Suit Against Estate on Rejected Claim; Time Within which to Commence
Suit or File Application
a. No person who has presented a claim shall be entitled to commence suit unless and until such claim has been rejected, in whole or in part, as provided in Section 43 of this Chapter.
b. Unless a person whose claim has been rejected:
(1) commences suit within 120 days from the date of the rejection of his claim, in whole or in part; or
(2) files a timely application pursuant to Section 47 of this Chapter, he shall be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate, except for such part as has not been rejected. If such person dies within 30 days from the date of the rejection of his claim and before suit is commenced or an application is filed, his fiduciary shall be allowed a period of 120 days from the date of his death within which to commence such suit or to file the application provided for in Section 47 of this Chapter. If such person dies more than 30 days but within 120 days from and including the date of the rejection of his claim and before suit is commenced, his fiduciary shall be allowed a period of 120 days from the date of his death within which to commence such suit.
Section 47. Hearing on Rejected Claims by Probate Court or Appointment of
Counsel; Costs
a. Whenever a claim has been rejected, in whole or in part, as provided in Section 43 of this Chapter, the person whose claim has been rejected may, within 30 days from and including the date of such rejection, make application to the Probate Court to hear and decide such claim or, in the alternative, may apply to the court for the appointment of counsel of one or more disinterested persons, at least one of whom shall be an attorney-at-law, admitted to practice in the tribal court, hear and decide such claim. The Probate Court shall not appoint as counsel any officer or employee of the Probate Court or any person employed by or associated in the practice of law with the judge of the court. The court may, in its discretion, grant the application, hear and decide such claim if the application so requests or appoint such counsel to hear and decide such claim. The court shall notify the applicant and the fiduciary of its action granting or denying the application within 15 days after receipt of the application.
b. Upon application of such counsel upon its own motion, the Probate Court shall give notice of the time and place set forth for the hearing to decide such claim to such persons as the court may direct at least 10 days before the hearing date.
c. If the application to receive and decide such claim by the court or for the appointment of counsel is denied, the claimant shall commence suit within 120 days from and including the date of the denial of his application or be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate.
d.
(1) If the Probate Court appoints more than one counsel, it shall appoint an odd number of counselors and a determination by a majority of such counsel shall constitute the decision of counsel.
(2) When any counselor is unable to complete his duties, the Probate Court may appoint a successor counselor or allow the remaining counselor to complete the duties of the counselor.
(3) The Probate Court may remove any counselor for cause and appoint another in his place.
e. The determination of such counsel shall be final on the date the report of such counsel is filed in the Probate Court, and the court shall thereupon enter an order approving the report unless the court finds that the counselor were guilty of misconduct substantially affecting the validity of the report or that the report is clearly erroneous. Upon rejection of the report, the Probate Court may hear and determine such claim or appoint a different counsel to hear and determine such claim as otherwise provided in this Section.
f. Such counsel may be allowed such reasonable compensation and expenses as the Probate Court shall determine, the cost of which may be apportioned between the creditor and the estate as the court shall direct. In the event that the Probate Court shall receive and decide a claim, costs shall not be assessed other than that permitted by Chapter 3, Section 1.
Section 48. Order of Payment of Claims, Expenses and Taxes
Claims, expenses and taxes in the settlement of a decedent's estate shall be entitled to preference and payment in the following order of priority: (1) funeral expenses; (2) expenses of settling the estate; (3) claims due for the last sickness of the decedent; (4) all lawful taxes and all claims due the United States; (5) all claims due any laborer or mechanic for personal wages for labor performed by such laborer or mechanic for the decedent within three months immediately before the decease of such person; (6) other preferred claims; and (7) all other claims allowed in proportion to their respective amounts.
Section 49. Payment of Funeral and Last Illness Expenses of Married Person
The funeral expenses and expenses of the last illness of a married person shall be paid out of his or her estate, if sufficient therefor. If such estate is not sufficient therefor, such expenses shall be paid by his or her spouse.
Section 50. Payment of Claims of Fiduciary
A fiduciary shall not pay any personal claim of his own until such claim has been approved by the Probate Court after newspaper notice and hearing, unless the court, for cause shown, waives such notice and hearing. If any such claim is wholly or partly secured, it may be paid out of such security at any time after such approval. The unsecured portion of any such claim and any unsecured claim shall not be paid until after such approval and until after the expiration of the 150 day period provided for in subsection (a) of Section 39 of this Chapter.
Section 51. Liability of Beneficiaries
a. Subject to the provisions of Sections 52 to 58 of this Chapter, inclusive, a beneficiary is liable, in an action or actions, to the extent of the fair market value on the date of distribution of any assets received by him as a beneficiary from the estate of a decedent, for the expenses of administering the estate, claims, funeral expenses of the decedent, and all taxes for which the estate is liable, which have not previously been recovered out of assets held by the fiduciary or from any other source described in subsection (b) of this Section.
b. No liability may be imposed upon any such beneficiary under subsection (a) of this Section, unless the plaintiff establishes satisfactorily to the court that the obligation to him cannot be fully satisfied:
(1) because there are insufficient assets available for such purpose in the hands of the fiduciary;
(2) by action against persons prior in liability to the defendant under subsections (a), (b) and (c) of Section 52 of this Chapter, because such persons are insolvent or for any other reason, other than not being amenable to suit in tribal court on the reservation, cannot be made to answer for their liabilities; and
(3) by the enforcement, under Chapter 5, Section 10, of any lien, security interest or other charge he holds against assets of the decedent specifically disposed of by will or passing to a distributee, or against the proceeds of any policy of insurance on the life of the decedent payable to a named beneficiary.
Section 52. Order of Liability; Preferences
a. Except as otherwise provided in subsections (c) and (d) of this Section, beneficiaries are liable, as provided in Section 51 of this Chapter, in the following order:
(1) distributees;
(2) residuary beneficiaries;
(3) beneficiaries of general dispositions; and
(4) beneficiaries of specific dispositions of personal property.
b. For the purposes of subsection (a) of this Section:
(1) beneficiary of a demonstrative disposition shall be treated as a beneficiary of a general disposition to the extent the property or fund charged with a demonstrative disposition has adeemed;
(2) beneficiary of a demonstrative disposition shall be treated as a beneficiary of a specific disposition if the property or fund charged with a demonstrative disposition has not adeemed, to the extent of the value of such property or fund.
c. A beneficiary who receives assets, which assets are security for the payment of a debt of the decedent, shall be liable for such debt prior to any other beneficiary, in an amount not to exceed the difference between the fair market value of such assets received by him and the amount which such secured creditor shall have realized on the disposition of such security.
d. The order of liability provided in subsection (a) of this Section shall not apply to the liability for an estate, succession or other death tax under the law of any jurisdiction, with respect to any property required to be included in the gross tax estate of a decedent under the provisions of any such law. The apportionment of the United States estate taxes, and the liability under Section 51 of this Chapter of beneficiaries consequent to such apportionment, are governed by the provisions of Connecticut General Statutes Sections 12-401 and 12-376, respectively, and the apportionment of such taxes assessed by another jurisdiction, and the liability of the beneficiaries under Section 51 of this Chapter therefor, shall be governed by the apportionment statutes of such other jurisdiction.
e. The express or implied intention of the testator to prefer certain beneficiaries shall be effective to vary the order of liability prescribed by subsection (a) of this Section.
f. If in an action under Section 51 of this Chapter, it is established to the satisfaction of the court that:
(1) The defendant is liable for the payment of two or more of the obligations described in subsection (a) of said Section, preference in the payment of such obligations must be given in the order prescribed by law for payment of the obligations of the decedent and his estate.
(2) An unsatisfied obligation described in subsection (a) of said Section exists which is legally preferred to that of the plaintiff, the existence of such unsatisfied obligation is a defense to the action if the aggregate value of the assets passing to the defendant does not exceed the defendant's pro rata share, as provided in Section 53 of this Chapter, of such unsatisfied obligation. If the aggregate value of the assets passing to the defendant exceeds such pro rata share of such unsatisfied obligation, the plaintiff, subject to the provisions of Section 53 of this Chapter, may recover such excess from the defendant.
g.
(1) If at any time payment with respect to an obligation described in subsection (a) of Section 51 of this Chapter is made by a beneficiary having a lower order of liability than another beneficiary or beneficiaries, or out of assets due such beneficiary having a lower order of liability, then the beneficiary having a lower order of liability shall be entitled to recover the amount so paid from any beneficiary prior in liability to him under subsection (a) of this Section who remains liable under Chapter 5, Section 12, Chapter 6, Sections 37 to 78, inclusive and Section 87 of this Chapter without regard to the limitations of Sections 53 and 56 of this Chapter.
(2) If by application of subdivision (1) of subsection (g) of this Section any beneficiary has paid more than his ratable obligation, as defined in Section 53 of this Chapter, such beneficiary shall be entitled to contribution from any beneficiary within the same order of liability without regard to the limitations of Sections 53 and 56 of this Chapter.
Section 53. Maximum Liability of Beneficiary
Except as otherwise provided in subsections (c) and (g) of Section 52 of this Chapter, the maximum liability to which a beneficiary is subject under subsection (a) of Section 51 of this Chapter is his ratable obligation, in the proportion that the value of the assets passing to him bears to the value of all such assets passing to beneficiaries within the same order of liability as his under subsection (a) of Section 52 of this Chapter, and no judgment may be had or entered in favor of any plaintiff against any such beneficiary for more than such ratable obligation.
Section 54. Liability of Beneficiary-Fiduciary
a. As used in this Section, "beneficiary-fiduciary" means either:
(1) a fiduciary as defined in Section 37 of this Chapter; or
(2) a trustee, guardian, conservator, committee, and any other person who, in a fiduciary capacity, has received assets as a beneficiary or as the personal representative of a beneficiary.
b. A beneficiary-fiduciary shall not be chargeable for any assets that such beneficiary-fiduciary may have paid or distributed in good faith before a claim is presented to such beneficiary-fiduciary. A payment or distribution of assets by a beneficiary-fiduciary shall be in good faith unless the creditor can prove that the beneficiary-fiduciary had actual knowledge of such claim at the time of such payment or distribution.
c. A transferee of assets from a beneficiary-fiduciary who has not furnished adequate and full consideration in money or moneys worth to the beneficiary-fiduciary for such assets shall be liable to the extent of the value of such assets so received in the same manner and to the same extent as if such transferee were the original beneficiary. For the purposes of this subsection, the term "transferee" means the person to whom or for whose benefit the beneficiary-fiduciary has paid or distributed such assets.
Section 55. Action not Impaired by Failure to Present Claim to Fiduciary.
Proper Person to Sue Following Final Distribution
a. Except as otherwise provided in subsection (b) of Section 40 and Section 58 of this Chapter, the failure of a plaintiff to present his claim to the fiduciary as prescribed by law shall not impair his right to maintain an action against the beneficiaries under Section 51 of this Chapter; provided nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff's claim.
b. Following final distribution of all assets known to a fiduciary, any suit on an unsatisfied obligation described in subsection (a) of Section 51 of this Chapter shall be brought against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have the fiduciary personally surcharged.
Section 56. Action Against One or More Beneficiaries
An action may be brought against one or more of the beneficiaries under Section 51 of this Chapter, but no defendant shall be liable, except as otherwise provided in subsections (c) and (g) of Section 52 of this Chapter, for more than his ratable obligation as described in Section 51 of this Chapter.
Section 57. Title of Bona Fide Purchaser from Beneficiary Protected
The entry and filing of a judgment recovered against a beneficiary in an action brought under Section 51 of this Chapter does not affect the rights of a prior purchaser, in good faith and for valuable consideration, from such beneficiary of any assets which would otherwise be subject to such judgment. When the subsequent purchaser is so protected, the judgment is enforceable against such beneficiary but not in excess of the value of the assets received by him on the date of distribution or his ratable obligation as described in Section 53 of this Chapter.
Section 58. Statutes of Limitation; Suspension. Maximum Periods Applicable
to Claims. After-Accruing Claims
Claims shall be subject to the following provisions:
a. If any person against whom a claim exists dies within 30 days prior to the date the applicable statute of limitations on such claim would otherwise expire, a period of 30 days from the date of the appointment of his fiduciary shall be allowed within which to present such claim.
b. The running of any limitation period applicable to the claim of any person, shall, provided such claim was presented to the fiduciary prior to expiration of the applicable period of limitations, be suspended from the time of presentation of such claim until such claim has been rejected, in whole or in part, as provided in Section 43 of this Chapter, provided upon such rejection, such person may commence suit or file an application as provided in Section 46 of this Chapter.
c. Except as provided in subsections (b. and (d) of this Section, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of such estate but within: (1) two years from the date of the decedent's death; or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to Section 40 of this Chapter, would otherwise have expired, whichever shall first occur.
d. With respect to any claim arising after the death of a decedent, no claim may be presented and no suit on such claim may be commenced against the fiduciary, the estate of the decedent, or any creditor or beneficiary of the estate but within: (1) two years from the date the claim arose; or (2) the date upon which the statute of limitations applicable to such claim, including any period of limitation established pursuant to Section 40 of this Chapter, would otherwise have expired, whichever shall first occur.
Section 59. Determination of Insolvency
The Probate Court shall direct the fiduciary of the estate of a deceased person which is represented to be insolvent to publish newspaper notice and to give notice to such persons as the court may direct to appear if they see cause before the court, at a time and place appointed by it and designated in such notice, to be heard relative to such representation. After hearing, the court shall determine whether such estate shall be declared insolvent and shall send a copy of the decree to all persons in interest.
Section 60. Determination of Insolvency after Partial Settlement
When, during the settlement of the estate of a deceased person, the fiduciary represents the estate to be insolvent, the Probate Court shall set a time and place for a hearing on such representation and the court shall proceed in the manner prescribed in Section 59 of this Chapter.
Section 61. Notice to Creditors. Presentation of Claims; Effect of Failure
to Present Claim. Discretionary Extension of Time
a. Within 14 days after the determination of insolvency, the Probate Court shall cause newspaper notice to be published at least once notifying all persons having claims to present such claims to the fiduciary. Such notice shall state:
(1) the name of the fiduciary and the address at which claims should be presented;
(2) that the estate has been found insolvent and any creditor who fails to present his claim on or before the date specified in such notice, which date shall be 150 days from the date of the determination of insolvency, shall be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor of the estate. In the event of a failure of publication of such notice, a defective publication of such notice, or the death, resignation or removal of the fiduciary, the Probate Court may, in its sole discretion, order such supplemental publication of notice as it shall determine.
b. The fiduciary shall give notice to all creditors of which the fiduciary has actual knowledge that any creditor who fails to present any claim he may have to the fiduciary on or before the date specified in such notice, which date shall be 150 days from and including the date of the determination of insolvency, shall be forever barred from asserting or recovering on any such claim from the fiduciary, the estate of the decedent or any creditor of the estate. Such notice shall be given no later than 30 days prior to the expiration of such 150 period and shall contain the name and address of the fiduciary to whom claims must be presented.
c. Any creditor who fails to present his claim to the fiduciary within 150 days from the date of the determination of insolvency shall be forever barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor of the estate. Any creditor who presents his claim within such 150 day period may not increase such claim after the expiration of such period. Such 150 day period shall begin on the date of the determination of insolvency and shall not be interrupted or affected by any failure of publication or defective publication of the notice required by subsection (a) of this Section, or by the death, resignation or removal of a fiduciary, except that the time during which there is no fiduciary in office shall not be counted as part of such period.
d. Any creditor who, through no fault of his own, has failed to present his claim within the time set forth in the notices given to said creditor pursuant to subsections (a) and (b) of this Section may submit an application for an extension of time to file such claim with the Probate Court within 60 days after the expiration of the time limited to present claims. Upon such application, the Probate Court may, upon hearing after notice, for cause shown, enter an order extending the time for such creditor to present his claim for a period of not more than 30 days from and including the date of such order, and no claim so presented shall be barred by the application of subsection (c) of this Section.
e. Claims shall be presented in the manner set forth in Section 41 of this Chapter.
Section 62. Creditor having Secured Claim. Determination of Value of Security
a. If a creditor presenting a claim to the fiduciary has security for his claim, such creditor shall be entitled to participate in the estate only with respect to the excess of his claim over the fair market value of the security unless such creditor files in the Probate Court a written election to relinquish such security.
b. The fiduciary shall determine the fair market value of any security held by a creditor submitting a claim and shall give such creditor and the Probate Court notice of the value and how such value was determined. Such creditor may, within 30 days from the date of such notice, file in the Probate Court an objection to the fiduciary's valuation, and the Probate Court shall, within 30 days from and including the date on which such objection was received by the Probate Court, hold a hearing, after notice, on such valuation and shall enter an order establishing the value of such security.
Section 63. Fiduciary's Report. Notice to Creditors. Hearing. Appeal
a. As soon as practicable after the expiration of the 150 day period for presentation of claims, the fiduciary shall file a report in the Probate Court;
(1) listing all claims presented;
(2) specifying with respect to each claim whether such claim was allowed or rejected, in whole or in part; and
(3) listing the names and addresses of all creditors given notice in accordance with Section 61 of this Chapter.
b. Within 30 days after the filing of the fiduciary's report, the Probate Court shall hold a hearing on the acceptance of said report and shall give notice of the hearing to each creditor who presented a claim to the fiduciary. Following such hearing, the court shall accept, accept with modifications or reject such report, and shall order distribution of the assets or moneys as it shall find payable in accordance with Section 48 of this Chapter. Any creditor aggrieved by the order of the Probate Court may either:
(1) appeal from the order of distribution in accordance with Sections 32 to 38 of this Chapter, inclusive; or
(2) proceed in accordance with Section 47 of this Chapter.
c. In the event of an appeal or a proceeding under Section 47 of this Chapter, the order of distribution shall be stayed pending resolution of such appeal or proceeding; provided the court may, if it deems appropriate, order the fiduciary to set aside assets sufficient to assure pro rata payment of any creditor who has appealed or who has proceeded under Section 47 of this Chapter, and to distribute the remaining assets in accordance with the order of distribution.
Section 64. Estate Found Solvent after Finding of Insolvency
When any estate of a deceased person in settlement as an insolvent estate proves to be solvent, the Probate Court, after notice and hearing, shall order the estate settled in accordance with Sections 37 to 58 of this Chapter, inclusive; provided: (1) no further newspaper notice shall be required; and (2) any notifications to creditors given under subsection (b) of Section 61 of this Chapter shall be the equivalent and have the same legal effect as a notice under Section 40 of this Chapter, except that the time for presentation shall remain as the date stated in the notice under subsection (b) of Section 61 of this Chapter, and any other time periods in Section 40 of this Chapter shall be adjusted accordingly.
Section 65. Suits Against Insolvent Estate Prohibited; Pending Suits
Except as provided by Section 63 of this Chapter, no suit shall be brought against the fiduciary of an estate in course of settlement as insolvent. If judgment has been rendered against such fiduciary before the commencement of its settlement as an insolvent estate, execution shall not issue, but the creditor may present his judgment to the fiduciary and receive his proportionate share of the estate with the other creditors. If judgment has not been rendered, any pending suit shall abate and the creditor shall submit his claim to the fiduciary and may request that costs incurred in connection with the suit up to the date of abatement be added to the claim.
Section 66. Settlement of Estate Without Claims Procedures
When it appears to the Probate Court that the assets of the estate of any deceased person in settlement before the court, exclusive of the articles which may be legally set out to the surviving spouse and the allowance for support of such spouse and that of the family of the deceased, will not be more than sufficient to pay the funeral expenses, the expenses of settling the estate, the expenses of the last sickness and the lawful taxes and claims due the Mashantucket Pequot Tribe and the United States, the court may, after notice and hearing, ascertain the amount of such funeral and other expenses and of such taxes and preferred claims, and order that the settlement of the estate be completed without following the procedures otherwise required by Sections 59 to 65 of this Chapter, inclusive.
Section 67. "Fiduciary" Defined
As used in Sections 67 to 77, inclusive, and Sections 81 to 91 of this Chapter, inclusive, unless otherwise required by the context, "fiduciary" includes the executor or administrator of a decedent's estate.
Section 68. Protection of Legacies
a. All pecuniary legacies given in any will shall, if the personal property of the testator is insufficient for the payment thereof, be a charge on his real property not specifically described and devised, unless otherwise directed in such will.
b. Specific legacies shall not be taken or sold for the payment of debts and charges against the estate of the testator when there is other property, real or personal, sufficient and available therefor and not specifically devised or bequeathed; but real property may be sold in lieu thereof, when it is necessary for such purpose, unless such will otherwise directs.
Section 69. Contribution Where Estate is Taken to Pay Debts
When any estate bequeathed or devised to any person is taken for the payment of debts and charges, all the other legatees, devisees or heirs shall contribute their proportional part of the estate to the person from whom such legacy or devise is taken and he may maintain an action to compel such contribution.
Section 70. When Distributees to Give Security for Contingent or Future Debts
Each person to whom any part of an estate is distributed or paid by order of the Probate Court and each person to whom any property is devised or bequeathed when no sufficient provision has been made by the will for the payment of the debts out of some particular property shall, upon the request of any person having a claim against the estate, contingent or not yet matured, give a bond to the state, with surety to the acceptance of the Probate Court. The bond shall stipulate that if, after the settlement of the estate, debts appear and are allowed, such person will pay to the fiduciary his proportional part of such debts and of the charges of the fiduciary.
Section 71. Distribution of Estates
a. Court to Ascertain Heirs and Distributees. The Probate Court shall ascertain the heirs and distributees of each intestate estate, and the heirs and distributees of, and their respective shares in, each testate estate so far as the will may leave the same indefinite and necessary to be defined or so far as it is necessary to give effect to an agreement made in accordance with the provisions of Section 74 of this Chapter.
b. Court to order fiduciary to distribute estate. The court shall order the administrator or other fiduciary charged with the administration of the estate to deliver possession of or pay over the intestate estate and the shares in each testate estate so far as the will may leave the same indefinite and necessary to be defined to the person or persons entitled thereto in the proportions provided by law, or, if distributors are appointed or a mutual distribution is filed, as provided in Section 73 of this Chapter, or if disinterested persons are appointed to make division or an agreement is filed, as provided in Section 74 of this Chapter, the court shall order the fiduciary of the estate to deliver possession of or pay over the same in accordance with the division made by such distributors or mutual distribution or agreement, as the case may be. The fiduciary shall take proper receipts for any such delivery or payment.
Section 72. Distribution of Estate, Testate in Part
When part of an estate has been devised or bequeathed and part is intestate and held in common with the devisees or legatees, the Probate Court may order a distribution of such estate.
Section 73. 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 Probate Court 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 Probate Court a division of the estate, made, executed and acknowledged like deeds of land in the state of Connecticut, such division, being recorded in the records of the court, shall be a valid distribution of the estate. Any such fiduciary may petition the Probate Court 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.
Section 74. Division of Estate among Joint Legatees
a. When a testator orders an estate to be divided among two or more legatees without appointing any person to divide it, or if he appoints persons to divide it who refuse or are unable to do so, or when in any will any estate or interest has been given to two or more persons jointly, and the same is susceptible of a division, the executor or other fiduciary charged with the administration of the estate shall make the division, provided the court before which such will was proved may, in its discretion, during the settlement of the estate of the testator, on its own motion or on the request of anyone interested, appoint three disinterested persons to make the division. Such division shall, when accepted by the court, be binding on all persons interested.
b. If the legatees or heirs are legally capable of acting and make a division in writing, in the manner provided for the division of an intestate estate, such division shall be valid.
c. Whenever there has been a contest with respect to the validity, admissibility to probate or construction of a will, if all persons interested in the estate, including persons interested as contestants or fiduciaries acting in behalf of a contestant, make and file in the court an agreement as to the division of the estate, in writing, executed and acknowledged in the same manner as provided for conveyances of land in the state of Connecticut, such agreement shall be a valid division of the estate if approved by the Probate Court. Any such fiduciary may petition the Probate Court which appointed him for permission to enter into such an agreement. The court may grant such petition or may deny such petition. Such petition shall not be denied unless a hearing has been held thereon for which the court shall make such order of notice as it deems reasonable.
Section 75. Personal Property that May be Set Out to Spouse from Insolvent
Estate
When the personal property of the deceased, exclusive of household goods exempt from execution, is not sufficient for the payment of his or her debts, the Probate Court shall set out such household goods and may set out any other exempt property to the surviving spouse.
Section 76. Succession upon Death of Spouse. Statutory Share
a. On the death of a spouse, the surviving spouse may as provided in subsection (c) of this Section, take a statutory share of the property passing under the will of the deceased spouse. The "statutory share" means one-third of the estate owned by the deceased spouse at the time of his or her death, after the payment of all debts and charges against the estate. The right to such third shall not be defeated by any disposition of the property by will to other parties.
b. If the deceased spouse has by will devised or bequeathed a portion of his or her property to his or her surviving spouse, such provision shall be taken to be in lieu of the statutory share unless the contrary is expressly stated in the will or clearly appears therein; but, in any such case, the surviving spouse may elect to take the statutory share in lieu of the provision of the will.
c. The surviving spouse, or the conservator or guardian of the estate of the surviving spouse, with the approval, after public notice and hearing, of the Probate Court by which such conservator or guardian was appointed, shall, not later than 150 days from the date of the appointment of the first fiduciary, as defined in Section 37 of this Chapter, file a notice, in writing, of his or her intention to take the statutory share with the Probate Court before which the estate is in settlement, and if such notice is not so filed, the surviving spouse shall be barred of such statutory share.
d. If the Probate Court has allowed a support allowance under Section 25 of this Chapter from the deceased spouse's estate for support of the surviving spouse and for the support of his or her family, the surviving spouse shall not take his or her statutory share until the expiration of the time for which the support allowance is made.
e. The statutory share shall be set out by the fiduciary charged with the administration of the estate or, in the discretion of the Probate Court on its own motion or on application by any interested person, by distributors appointed by the Probate Court.
f. The provisions of this Section with regard to the statutory share of the surviving spouse in the property of the deceased spouse shall not apply to any case in which, by written contract made before or after marriage, either party has received from the other what was intended as a provision in lieu of the statutory share.
g. A surviving husband or wife shall not be entitled to a statutory share, as provided in subsection (a) of this Section, or an intestate share, as provided in Section 77 of this Chapter, in the property of the other if such surviving spouse, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.
Section 77. Intestate Succession. Distribution to Spouse
a. If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to Section 25 of this Chapter, which the surviving spouse shall take is:
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely;
(2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first $100,000 plus three-quarters of the balance of the intestate estate absolutely;
(3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first $100,000 plus one-half of the balance of the intestate estate absolutely;
(4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.
b. For the purposes of this Section issue shall include children born out of wedlock and the issue of such children who qualify for inheritance under the provisions of Section 78 of this Chapter.
Section 78. Distribution to Children. Children Born out of Wedlock may Inherit
a. After distribution has been made of the intestate estate to the surviving spouse in accordance with Section 77 of this Chapter, all the residue of the real and personal estate shall be distributed in equal proportions, according to its value at the time of distribution, among the children and the legal representatives of any of them who may be dead, except that children or other descendants who receive estate by advancement of the intestate in his lifetime shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made.
b.
(1) Children born before marriage whose parents afterwards are lawfully married shall be deemed legitimate and inherit equally with other children.
(2) A child born out of wedlock shall inherit from:
(a) his or her mother; and
(b) his or her father, provided
(i) such father has been adjudicated the father of such child by a court of competent jurisdiction; or
(ii) the father has acknowledged under oath in writing to be the father of such child, or
(iii) paternity is established by the Probate Court, after the death of either the father or the child, by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.
c. For the purposes of this Section,
(1) issue shall include children born out of wedlock and the issue of such children provided both the child born out of wedlock and any of such issue qualify for inheritance under this Section; and
(2) legal representatives shall include legal representatives of children born out of wedlock, provided both the child born out of wedlock through whom such legal representatives inherit and the legal representatives qualify for inheritance under this Section.
Section 79. Distribution of Intestate Estate of Minor
If any minor child dies intestate, unmarried and without issue, before any distribution of the estate, the portion of such deceased child shall be distributed as if such child had died in the lifetime of his parent.
Section 80. Distribution of Intestate Estate of Child to Father where Paternity
Established after Death
For the purposes of this law, the father of a child born out of wedlock shall be considered a parent, provided paternity is established: (1) prior to the death of such father by a court of competent jurisdiction; or (2) after the death of such father by the Probate Court, provided paternity established after death is ineffective to qualify the father or his kindred to inherit from or through the child unless it is demonstrated by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.
Section 81. Distribution When There are No Children or Representatives of
Them
a.
(1) If there are no children or any legal representatives of them, then, after the portion of the husband or wife, if any, is distributed or set out, the residue of the estate shall be distributed equally to the parent or parents of the intestate, provided no parent who has abandoned a minor child and continued such abandonment until the time of death of such child, shall be entitled to share in the estate of such child or be deemed a parent for the purposes of subdivisions (2) to (4), inclusive, of this subsection.
(2) If there is no parent, the residue of the estate shall be distributed equally to the brothers and sisters of the intestate and those who legally represent them.
(3) If there is no parent or brothers and sisters or those who legally represent them, the residue of the estate shall be distributed equally to the next of kin in equal degree. No representatives shall be admitted among collaterals after the representatives of brothers and sisters.
(4) If there is no next of kin, then the residue of the estate shall be distributed equally to the stepchildren and those who legally represent them.
b. In ascertaining the next of kin in all cases, the degree of kindred according to the rule of the civil law shall be used.
c. Relatives of the half blood shall take the same share under this Section that they would take if they were of the whole blood.
Section 82. Simultaneous Death; Disposition of Property
a. When no Sufficient Evidence of Survivorship. When the title to property or the devolution thereof depends upon priority of death and there is no sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this Section.
b. Successive Beneficiaries. When two or more beneficiaries are designated to take successively by reason of survivorship under another person's disposition of property and there is no sufficient evidence that such beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and such portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
c. Joint tenants. When there is no sufficient evidence that two joint tenants have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
d. Life or accident insurance. When the insured and the beneficiary in a policy of life or accident insurance have died and there is no sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
e. Applicability. This Section shall not apply in the case of wills, living trusts, deeds or contracts of insurance wherein provision had been made for distribution of property otherwise than as provided by this Section.
Section 83. When Deaths of Husband and Wife Presumed Simultaneous
It shall be presumed that the deaths of husband and wife were simultaneous when there is no evidence to indicate the priority of death of either.
Section 84. Death of Devisee or Legatee
When a legatee, being a child, stepchild, grandchild, brother or sister of the testator, dies before him, and no provision has been made in the will for such contingency, the issue of such legatee shall take the estate so devised or bequeathed.
Section 85. Shares May be Set Out in Personal Property
After the share or interest of the husband or wife has been distributed and set out, in the distribution of any estate, the share or interest of any distributee of the estate may be distributed and set out to such distributee in personal property.
Section 86. Distribution when Heir, Legatee or Distributee is Presumed to
be Dead. Liability of Fiduciary
a. If, at any hearing before a Probate Court on an application for an order for the distribution of the estate or for the payment of legacies provided for in the will of a deceased person whose estate is in process of settlement in the court, it is found by the court that any person who if living would be an heir at law of such decedent, or a legatee or distributee under such will, has been absent from his home and unheard of for a period of seven years or more next prior to the date of the death of the decedent and until the date of such hearing, the court shall find as a presumptive fact that such person died prior to the death of the decedent whose estate is in settlement, and shall order such distribution of the estate or payment of such legacies as would have been made if such person was known to have died prior to the death of the decedent whose estate is in settlement.
b. After such administration and distribution, the fiduciary shall not be liable to the person so presumed to be dead in any action for the recovery of the estate.
Section 87. When Person Guilty of Killing Another to Inherit from or Receive
Property or Insurance Proceeds as Beneficiary of Victim
a. A person finally adjudged guilty, either as the principal or accessory, in any jurisdiction, of any crime, the essential elements of which are substantially similar to those enumerated under the Connecticut General Statutes Section 53a-54(a) or 53a-54(b), shall not inherit or receive any part of the estate of the deceased, whether under the provisions of any act relating to intestate succession, or as legatee, or otherwise under the will of the deceased, or receive any property as beneficiary or survivor of the deceased; and such person shall not inherit or receive any part of the estate of any other person when such homicide or death terminated an intermediate estate, or hastened the time of enjoyment. With respect to inheritance under the will of the deceased, or rights to property as heir, legatee or beneficiary of the deceased, the person whose participation in the estate of another or whose right to property as such heir, legatee or beneficiary is so prevented under the provisions of this Section shall be considered to have predeceased the person killed. With respect to property owned in joint tenancy with rights of survivorship with the deceased, such final adjudication as guilty shall be a severance of the joint tenancy, and shall convert the joint tenancy into a tenancy in common as to the person so adjudged and the deceased but not as to any remaining joint tenant or tenants, such severance being effective as of the time such adjudication of guilty becomes final.
b.
(1) A named beneficiary of a life insurance policy or annuity who intentionally causes the death of the person upon whose life the policy is issued or the annuitant, is not entitled to any benefit under the policy or annuity, and the policy or annuity becomes payable as though such beneficiary had predeceased the decedent.
(2) A conviction under Connecticut General Statutes Section 53a-54(a), 53a-54(b), 53a-54(c), 53a-54(d), 53a-55 or 53a-55(a), shall be conclusive for purposes of this subsection. In the absence of such a conviction, the tribal court may determine by the common law, including equity, whether the named beneficiary is entitled to any benefit under the policy or annuity. In any proceeding brought under this subsection, the burden of proof shall be upon the person challenging the eligibility of the named beneficiary for benefits under a life insurance policy or annuity.
(3) Any insurance company making payment according to the terms of its policy or annuity is not liable for any additional payment by reason of this Section unless it has received at its home office or principal address written notice of a claim under this Section prior to such payment.
Section 88. Distribution of Damages for Causing Death
All damages recovered for injuries resulting in death, after payment of the costs and expenses of suit, all expenses of last illness and all funeral bills, the expenses of administration and claims against the estate and such amount for the support of the surviving spouse or family of the deceased during the settlement of the estate as the Probate Court may allow, shall be distributed as personal estate in accordance with the last will and testament of the deceased if there is one or, if not, in accordance with the law concerning the distribution of intestate personal estate.
Section 89. Property Due Person Residing Outside United States
When it appears that a legatee, distributee, cestui or beneficiary not residing within the territorial limits of the United States of America or any territory or possession thereof would not have the benefit or use or control of property due him or that special circumstances make it desirable that delivery to him be deferred, the Probate Court may in its discretion order: (1) that such legacy or distributive share be paid in whole or in part, to the executor, administrator, trustee or interested party for use by him in the purchase of goods such as food, clothing, medicine and the necessities of life to be sent to such legatee, distributee, cestui or beneficiary and that thereafter the executor, administrator, trustee or interested person account to the court indicating the purchase of such goods and forwarding the receipt for the same sent by said legatee, distributee, cestui or beneficiary; or (2) that such property be converted into available funds and paid to the treasurer of the state of Connecticut, to be invested by him at his discretion and, together with any proceeds thereof, to be held subject to such further order as the court may enter, provided the reasonable fees, as allowed by the court, of the attorney for any such legatee, distributee, cestui or beneficiary whose funds are payable to the state treasurer hereunder shall be considered a lien thereon and shall be paid by the fiduciary having such funds in charge to such attorney prior to payment to the state treasurer.
Section 90. Securing of Interest of Remainderman in Personal Property after
Life Estate
When a life estate in any personal property is given by will to one with remainder to another, and there is no trustee named for such property during the continuance of the life estate therein, the Probate Court may order the executor to deliver such personal property to the person having the life estate upon his giving a Probate bond. It shall be the duty of the person having the life estate thereupon to safely and properly keep such property to be delivered to the person entitled to receive it on the determination of the life estate therein. If such person fails to give bond as provided in this Section, the court shall appoint a trustee for such property during the continuance of such life estate who shall give a probate bond. The annual expense of such trust shall be chargeable upon the annual income of such property.
Section 91. When Property Escheats to the Mashantucket Pequot Tribal Nation.
Procedure
After five years, when no owner of any estate can be found, it shall be presumed abandoned and it shall escheat to the Mashantucket Pequot Tribal Nation.
Section 92. Short Title: Mashantucket Pequot Uniform Disposition of Community
Property Rights at Death Act
Sections 92 to 99 of this Chapter, inclusive, may be cited as the "Mashantucket Pequot Uniform Disposition of Community Property Rights at Death Act."
Section 93. Application
The provisions of Sections 92 to 99 of this Chapter, inclusive, shall apply to the disposition at death of the following property acquired by a married person: All personal property, wherever situated: (1) which was acquired as, or became and remained, community property under the laws of another jurisdiction; or (2) all or the proportionate part of that property acquired with the rents, issues or income of, or the proceeds from or in exchange for, that community property; or (3) traceable to that community property.
Section 94. Rebuttable Presumptions
In determining the applicability of the provisions of Sections 92 to 99 of this Chapter, inclusive, to specific property, the following rebuttable presumptions apply: (1) property acquired during marriage by a spouse of the marriage while domiciled in a jurisdiction under whose laws property could then be acquired as community property is presumed to have been acquired as, or to have become and remained, property to which Sections 92 to 99 of this Chapter, inclusive, apply; and (2) personal property wherever situated, acquired by a married person while domiciled in a jurisdiction under whose laws property could not then be acquired as community property, title to which was taken in a form which created rights of survivorship, is presumed not to be property to which Sections 92 to 99 of this Chapter, inclusive, apply.
Section 95. Disposition of Property at Death
Upon death of a married person, one-half of the property to which Sections 92 to 99 of this Chapter, inclusive, apply is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of the Tribe. One-half of such property is the property of the decedent and is subject to testamentary disposition or distribution under the laws of succession of the Tribe. With respect to property to which Sections 92 to 99 of this Chapter, inclusive, apply, the one-half of the property which is the property of the decedent is not subject to the right of the surviving spouse to elect against the will.
Section 96. Perfection of Title of Surviving Spouse
If the title to any property to which Sections 92 to 99 of this Chapter, inclusive, apply was held by the decedent at the time of death, title to such property of the surviving spouse may be perfected by an order of the Probate Court or by execution of an instrument by the personal representative or the heirs or of the decedent with the approval of the Probate Court. Neither the personal representative nor the Probate Court has a duty to discover or attempt to discover whether property held by the decedent is property to which Sections 92 to 99 of this Chapter, inclusive, apply, unless a written demand is made by the surviving spouse or the spouse's successor in interest.
Section 97. Perfection of Title of Personal Representative or Heir
If the title to any property to which Sections 92 to 99 of this Chapter, inclusive, apply is held by the surviving spouse at the time of the decedent's death, the personal representative or an heir or of the decedent may institute an action to perfect title to the property. The personal representative has no fiduciary duty to discover or attempt to discover whether any property held by the surviving spouse is property to which Sections 92 to 99 of this Chapter, inclusive, apply unless a written demand is made by an heir, or creditor of the decedent.
Section 98. Security Interest of Purchaser for Value or Lender
a. If a surviving spouse has apparent title to property to which Sections 92 to 99 of this Chapter, inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the personal representative or an heir of the decedent.
b. If a personal representative or an heir of the decedent has apparent title to property to which Sections 92 to 99 of this Chapter, inclusive, apply, a purchaser for value or a lender taking a security interest in the property takes his interest in the property free of any rights of the surviving spouse.
c. A purchaser for value or a lender shall not be required to inquire whether a vendor or borrower acted properly.
d. The proceeds of a sale or creation of a security interest shall be treated in the same manner as the property transferred to the purchaser for value or a lender.
Section 99. Creditor's Rights
Sections 92 to 99 of this Chapter, inclusive, shall not: (1) affect rights of creditors with respect to property to which said Sections apply; (2) prevent married persons from severing or altering their interests in property to which said Sections apply; or (3) authorize a person to dispose of property by will if it is held under limitations imposed by law preventing testamentary disposition by that person.