Connecticut General Statutes
Chapter 801b - Probate Court Procedures
Section 45a-165. (Formerly Sec. 45-243). - Sale or mortgage of real property by successor to original appointee or survivor of appointees.

(a) When any conservator, guardian, administrator, executor or trustee, who has been authorized under the provisions of sections 45a-164 to 45a-169, inclusive, and 45a-428 to sell or mortgage any real property, has died, resigned or been removed without having sold or mortgaged such real property, the court of probate by which such sale or mortgage was authorized may, upon written application by his duly appointed successor, authorize the sale or mortgage of the real property remaining unsold or unmortgaged upon his giving such probate bond, if any, and upon such further notice, if any, as said court orders.

(b) The court may likewise, upon similar application, authorize the survivor or survivors, as the case may be, of two or more executors, administrators, trustees, conservators or guardians to sell or mortgage any real property that the original fiduciaries were authorized to sell or mortgage upon giving such probate bond, if any, and upon such further notice, if any, as the court orders.
(1949 Rev., S. 7027; P.A. 80-227, S. 19, 24; 80-476, S. 81.)
History: P.A. 80-227 removed overseers appointed pursuant to Sec. 54-37 from purview of section, effective July 1, 1981; P.A. 80-476 divided section into Subsecs., substituted “real property” for “real estate” and made other slight changes in wording; Sec. 45-243 transferred to Sec. 45a-165 in 1991.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 45a - Probate Courts and Procedure

Chapter 801b - Probate Court Procedures

Section 45a-105. - Uniform fees in Probate Courts.

Section 45a-106. - Entry fees. Basic fees other than for decedent's estates and fiduciary accountings. Fee for motion to appear pro hac vice.

Section 45a-106a. - Fees in matters other than decedent's estate and fiduciary accountings.

Section 45a-107. - Fees and expenses for settlement of decedent's estate. Interest on unpaid fees. Exception.

Section 45a-107a. - Development of method of determination of gross estate for purposes of computation of cost for settlement of estates.

Section 45a-107b. - Lien on real property for fees imposed in the settlement of decedent's estate. Release of lien by Probate Court. Petition for release of lien.

Section 45a-108. - Fees for accounting other than with respect to a decedent's estate. Fee for motion to appear pro hac vice.

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-112. - Filing fee and other fees and expenses when state is applicant, petitioner or moving party.

Section 45a-113. - Payment of costs by credit card. Service fee.

Section 45a-113a. - Refund for overpayment of costs.

Section 45a-113b. - *(See end of section for amended version and effective date.) Payment of fees by credit card, charge card, debit card or electronic funds transfer. Service fee.

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-122. (Formerly Sec. 45-4j). - Three-judge court for probate matters. Appointment. Powers and duties.

Section 45a-123. (Formerly Sec. 45-22). - Referral to probate magistrate or attorney probate referee. Report. Hearing. Court decree.

Section 45a-123a. - Probate magistrates. Attorney probate referees. Qualifications. Nomination and appointment. Compensation.

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-128. (Formerly Sec. 45-20). - Reconsideration, modification or revocation of order or decree.

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-131. (Formerly Sec. 45-16b). - Participation of employees of certain state agencies in proceedings.

Section 45a-132. (Formerly Sec. 45-54). - Appointment of guardian ad litem for minors and incompetent, undetermined and unborn persons.

Section 45a-132a. - Examination of allegedly incapable party. Refusal to undergo examination. Expense.

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-135. - Matter before probate court may be proved by statement in writing subscribed under penalty of false statement. Form.

Section 45a-136. - Recording of proceedings when recording not otherwise required.

Section 45a-136f. - eFiling system. Definitions. Electronic service of documents by registered filers.

Section 45a-139. (Formerly Sec. 45-34a). - Probate bonds. Waiver, when.

Section 45a-140. (Formerly Sec. 45-37). - Prohibition on judges, officers and employees of Probate Court acting as sureties or issuing probate bonds.

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-151. (Formerly Sec. 45-231). - Compromise and settlement of claims. Conveyance of real property.

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-155. (Formerly Sec. 45-234). - Remonstrance against award. Refusal of court to accept award.

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-165. (Formerly Sec. 45-243). - Sale or mortgage of real property by successor to original appointee or survivor of appointees.

Section 45a-166. (Formerly Sec. 45-241). - Public or private sale of real property. Distribution of proceeds. Validation of sale.

Section 45a-167. (Formerly Sec. 45-244). - Sale of real property by other than fiduciary.

Section 45a-168. (Formerly Sec. 45-242). - Mortgage of real property: Amount and interest rate. Liability of fiduciary.

Section 45a-169. (Formerly Sec. 45-240). - When probate bond not required.

Section 45a-175. (Formerly Sec. 45-267). - Jurisdiction of accounts of fiduciaries. Appointment of auditor to examine accounts, when.

Section 45a-176. (Formerly Sec. 45-267a). - Financial report by fiduciary in lieu of account. Release from liability.

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-181. - Probate Court Administrator's authority re auditing account of conservator of the estate.

Section 45a-186. (Formerly Sec. 45-288). - Appeals from probate. Venue. Service of process. Referral to special assignment probate judge.

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-191 and 45a-192. (Formerly Secs. 45-293 and 45-294). - Interest of appellant to be stated. Order of notice.

Section 45a-193. (Formerly Sec. 45-295). - Appellee to give bond in Superior Court.