(a) Upon the written application of any fiduciary described in section 45a-164, after such notice which the court may order and after hearing, the Court of Probate may authorize a person other than the fiduciary to sell the whole or any part of or any interest in any personal property of any incapable person, minor, missing person, deceased person or trustee, or any property to which the fiduciary may hold legal title in such capacity, if: (1) Such person has first given a probate bond that he will faithfully administer and account for the proceeds of the sale according to law; and (2) the court finds that to grant the application would be in the best interests of the parties in interest. If any party having an interest in such personal property is not in being or is not ascertained or is under a disability, the court shall appoint a guardian ad litem to represent the interest of such party at the hearing, unless such party already is represented by a guardian or by a conservator. Such order, and the sale thereunder, shall be conclusive upon all persons then or thereafter existing whose interests have been so represented.
(b) The person selling the personal property shall pay to the fiduciary the sum for which such personal property was sold.
(c) The Court of Probate shall direct whether the sale shall be public or private, and, if public, the notice thereof which shall be given, and, if private, may authorize the sale at a price and upon terms, including such mortgage or mortgages, as it considers reasonable or advisable.
(1949, S. 2937d; P.A. 80-476, S. 79; P.A. 83-87, S. 2; P.A. 98-219, S. 21.)
History: P.A. 80-476 divided section into Subsecs., restated provisions and substituted “personal property” for “personal estate”; P.A. 83-87 amended Subsec. (c) by deleting provision re purchase of personal property by fiduciary; Sec. 45-237 transferred to Sec. 45a-163 in 1991; P.A. 98-219 amended Subsec. (a) by deleting “public notice and other” and inserted “such” before “notice”.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 801b - Probate Court Procedures
Section 45a-105. - Uniform fees in Probate Courts.
Section 45a-106a. - Fees in matters other than decedent's estate and fiduciary accountings.
Section 45a-108a. - Fees for accounting in matters other than decedent's estate.
Section 45a-109. - Miscellaneous fees: Recordings, notices, service of process, copies.
Section 45a-110. - Persons responsible for payment of fees and expenses.
Section 45a-111. - Exemptions, waivers and reduction of fees and expenses.
Section 45a-113. - Payment of costs by credit card. Service fee.
Section 45a-113a. - Refund for overpayment of costs.
Section 45a-113c. - Liens upon real estate that are deemed released.
Section 45a-119. (Formerly Sec. 45-7). - Judge may call assistance.
Section 45a-120. (Formerly Sec. 45-10). - Citation of another judge.
Section 45a-121. (Formerly Sec. 45-11). - Judge cited may issue order in his own district.
Section 45a-124. (Formerly Sec. 45-30). - Giving of orders of notice.
Section 45a-125. (Formerly Sec. 45-31). - Manner of notice to be fixed by order of court.
Section 45a-126. (Formerly Sec. 45-32). - Giving of public notice.
Section 45a-127. (Formerly Sec. 45-33). - Special notice to be given on written request.
Section 45a-129. (Formerly Sec. 45-262). - Examination of witnesses.
Section 45a-130. (Formerly Sec. 45-19). - Return of compliance with order of court.
Section 45a-133. (Formerly Sec. 45-18). - Adjournment of court in absence of judge.
Section 45a-134. - Decisions of probate court in contested cases. Time limit.
Section 45a-136. - Recording of proceedings when recording not otherwise required.
Section 45a-139. (Formerly Sec. 45-34a). - Probate bonds. Waiver, when.
Section 45a-141. (Formerly Sec. 45-35). - Substitution of new bond.
Section 45a-142. (Formerly Sec. 45-39). - Filing and recording bonds.
Section 45a-143. (Formerly Sec. 45-36). - Examination of estate. Removal of principal.
Section 45a-144. (Formerly Sec. 45-40). - Action on probate bond by aggrieved person.
Section 45a-145. (Formerly Sec. 45-41). - Enforcement of judgment on bond.
Section 45a-152. (Formerly Sec. 45-268a). - Suit upon claims. Time limitation.
Section 45a-153. (Formerly Sec. 45-232). - Submission of claims to arbitration.
Section 45a-154. (Formerly Sec. 45-233). - Award of arbitrators.
Section 45a-156. (Formerly Sec. 45-235). - Costs of arbitration.
Section 45a-162. (Formerly Sec. 45-236). - Sale of choses in action and other property.
Section 45a-163. (Formerly Sec. 45-237). - Sale of personal property by other than fiduciary.
Section 45a-164. (Formerly Sec. 45-238). - Sale or mortgage of real property.
Section 45a-167. (Formerly Sec. 45-244). - Sale of real property by other than fiduciary.
Section 45a-169. (Formerly Sec. 45-240). - When probate bond not required.
Section 45a-177. (Formerly Sec. 45-268). - Periodic rendering of accounts; hearing. Exceptions.
Section 45a-178. (Formerly Sec. 45-269). - Allowance of interim accounts. Notice and hearing.
Section 45a-179. (Formerly Sec. 45-270). - Notice and hearing on final accounts.
Section 45a-180. (Formerly Sec. 45-271). - Settlement of account of deceased fiduciary.
Section 45a-186a. - Appeal from probate court after a hearing on the record. Transcripts. Expense.
Section 45a-186b. - Appeal from probate court after a hearing on the record: Standard of review.
Section 45a-186c. - Appeal from probate court: Costs; waiver; tolling of appeal period.
Section 45a-187. (Formerly Sec. 45-289). - Time of taking appeals.
Section 45a-188. (Formerly Sec. 45-291). - Timing of taking appeals by minors.
Section 45a-189. (Formerly Sec. 45-290). - Amendment to appeal.
Section 45a-190. (Formerly Sec. 45-292). - Appeals from actions of commissioners.
Section 45a-193. (Formerly Sec. 45-295). - Appellee to give bond in Superior Court.