(a) The Court of Probate may allow out of any real or personal estate of a deceased person in settlement before such court, including a small estate being settled under the provisions of section 45a-273, 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.
(1949 Rev., S. 7033; 1955, S. 2940d; 1957, P.A. 471; 1961, P.A. 370; 1963, P.A. 309; 1967, P.A. 130; P.A. 88-107, S. 2.)
History: 1961 act added provisions re vested rights of surviving spouse and re consideration of allowed support amount as absolute property of surviving spouse payable in a lump sum; 1963 act deleted provisions added by 1961 act, designated remaining existing provisions as Subsecs. (a) and (c) and inserted new Subsec. (b) re court's discretionary rulings governing allowances; 1967 act clarified Subsec. (b)(3) vesting allowance and right to seek such allowance as of the date of death of spouse; P.A. 88-107 amended Subsec. (a) by permitting court to allow amount for support of surviving spouse and family to be taken out of small estate being settled under provisions of Sec. 45-266; Sec. 45-250 transferred to Sec. 45a-320 in 1991.
Annotations to former section 45-250:
Wherever adequate provision for support is otherwise made, allowance not to be granted. 19 C. 418. Allowance cannot be attached in hands of administrator. 55 C. 118. Wife may by antenuptial contract debar herself from right to allowance. 66 C. 135. Order for allowance construed. 69 C. 694. Antenuptial agreement construed as relinquishment of this right. 74 C. 26. Former statute did not permit allowance to husband from estate of wife. 91 C. 76. Abandonment as defeating right to allowance for support. 107 C. 106. Expenditures held not to come within scope of statute. Id., 541. Cited. 130 C. 60. Award not contrary to statute. 139 C. 652. Discretion rests in Probate Court as to amount of allowance and on appeal such an award cannot be changed except for an abuse of such discretion; “necessary” does not restrict the allowance to bare subsistence. 147 C. 656. The marriage of a woman to her uncle in Italy, though valid there, not valid in this state and therefore she cannot qualify as a “surviving spouse” within the meaning of section. 148 C. 288. Cited. 184 C. 602.
Probate Court may make an allowance for support of widower, notwithstanding his election to take a statutory share in his wife's estate; history of section reviewed. 20 CS 87.
Structure Connecticut General Statutes
Title 45a - Probate Courts and Procedure
Chapter 802b - Decedents' Estates:
Section 45a-274. (Formerly Sec. 45-266a). - Payment of medical or health benefits.
Section 45a-275. (Formerly Sec. 45-266b). - Applicability of statutes.
Section 45a-276. (Formerly Sec. 45-266c). - Comity recognition of foreign decrees.
Section 45a-283. (Formerly Sec. 45-163). - Executor to apply for probate of will. Penalty.
Section 45a-284. (Formerly Sec. 45-164a). - Opening of safe deposit boxes to search for a will.
Section 45a-285. (Formerly Sec. 45-166). - Proof of will out of court.
Section 45a-288. (Formerly Sec. 45-171). - Recording of a will proved without this state.
Section 45a-290. (Formerly Sec. 45-168). - Administration with the will annexed and de bonis non.
Section 45a-291. (Formerly Sec. 45-189). - Executor to administer intestate part of an estate.
Section 45a-292. (Formerly Sec. 45-190). - Executor of an executor.
Section 45a-293. (Formerly Sec. 45-179). - Notice of devise or bequest to corporation.
Section 45a-294. (Formerly Sec. 45-185). - Expenses of executor or administrator in will contest.
Section 45a-297. (Formerly Sec. 45-188). - Procedure if will is found after partial settlement.
Section 45a-309. (Formerly Sec. 45-195a). - Finding of domicile.
Section 45a-315. (Formerly Sec. 45-249a). - “Fiduciary” defined.
Section 45a-317a. - Appointment of estate examiner to obtain financial or medical information.
Section 45a-323. (Formerly Sec. 45-255). - Oyster grounds as personal property.
Section 45a-324. (Formerly Sec. 45-255a). - Power to sell real property as authorized by testator.
Section 45a-327. (Formerly Sec. 45-257b). - Sale of decedent's real property subject to mortgage.
Section 45a-329. (Formerly Sec. 45-257c). - Settlement of estate on presumption of death.
Section 45a-333. (Formerly Sec. 45-260). - Payment of taxes due from estate.
Section 45a-334a. - Access to decedent's electronic mail account.
Section 45a-334b. - Short title: Connecticut Revised Uniform Fiduciary Access to Digital Assets Act.
Section 45a-334c. - Definitions.
Section 45a-334d. - Applicability.
Section 45a-334e. - User direction for disclosure of digital assets.
Section 45a-334f. - Terms-of-service agreement.
Section 45a-334g. - Procedure for disclosing digital assets.
Section 45a-334h. - Disclosure of content of electronic communications of deceased user.
Section 45a-334i. - Disclosure of other digital assets of deceased user.
Section 45a-334j. - Disclosure of content of electronic communications of principal.
Section 45a-334k. - Disclosure of other digital assets of principal.
Section 45a-334l. - Disclosure of digital assets held in trust when trustee is original user.
Section 45a-334n. - Disclosure of other digital assets held.
Section 45a-334o. - Disclosure of digital assets to conservator of a conserved person.
Section 45a-334p. - Fiduciary duty and authority.
Section 45a-334q. - Custodian compliance and immunity.
Section 45a-334r. - Uniformity of application and construction.
Section 45a-334s. - Relation of act to Electronic Signatures in Global and National Commerce Act.
Section 45a-340. (Formerly Sec. 45-201a). - “Fiduciary” defined.
Section 45a-342. (Formerly Sec. 45-203). - Penalty for not filing inventory.
Section 45a-346. (Formerly Sec. 45-202a). - Appointment of court-appointed appraisers prohibited.
Section 45a-353. (Formerly Sec. 45-230b). - Definitions.
Section 45a-354. (Formerly Sec. 45-230c). - Notice to creditors.
Section 45a-358. (Formerly Sec. 45-230g). - Form and verification of claims; presentation.
Section 45a-359. (Formerly Sec. 45-230h). - Unmatured, contingent or unliquidated claims.
Section 45a-360. (Formerly Sec. 45-230i). - Allowance or rejection of claims.
Section 45a-361. (Formerly Sec. 45-230j). - Return and list of claims.
Section 45a-365. (Formerly Sec. 45-230n). - Order of payment of claims, expenses and taxes.
Section 45a-367. (Formerly Sec. 45-230p). - Payment of claims of fiduciary.
Section 45a-368. (Formerly Sec. 45-230q). - Liability of beneficiaries.
Section 45a-369. (Formerly Sec. 45-230r). - Order of liability; preferences.
Section 45a-370. (Formerly Sec. 45-230s). - Maximum liability of beneficiary.
Section 45a-371. (Formerly Sec. 45-230t). - Liability of beneficiary-fiduciary.
Section 45a-373. (Formerly Sec. 45-230v). - Action against one or more beneficiaries.
Section 45a-374. (Formerly Sec. 45-230w). - Title of bona fide purchaser from beneficiary protected.
Section 45a-376. (Formerly Sec. 45-230dd). - Determination of insolvency.
Section 45a-377. (Formerly Sec. 45-230ee). - Determination of insolvency after partial settlement.
Section 45a-381. (Formerly Sec. 45-230ii). - Estate found solvent after finding of insolvency.
Section 45a-383. (Formerly Sec. 45-230kk). - Settlement of estate without claims procedures.
Section 45a-384. (Formerly Sec. 45-230a). - Applicability.
Section 45a-425. (Formerly Sec. 45-271a). - “Fiduciary” defined.
Section 45a-426. (Formerly Sec. 45-271b). - Protection of legacies.
Section 45a-427. (Formerly Sec. 45-271c). - Sale of real property to pay legacies.
Section 45a-429. (Formerly Sec. 45-271e). - Contribution where estate is taken to pay debts.
Section 45a-431. (Formerly Sec. 45-272). - Distribution of estates.
Section 45a-432. (Formerly Sec. 45-284). - Distribution of estate, testate in part.
Section 45a-433. (Formerly Sec. 45-273). - Distribution of intestate estates.
Section 45a-434. (Formerly Sec. 45-272a). - Division of estate among joint devisees or legatees.
Section 45a-436. (Formerly Sec. 45-273a). - Succession upon death of spouse. Statutory share.
Section 45a-437. - Intestate succession. Distribution to spouse.
Section 45a-438a. (Formerly Sec. 45-275). - Distribution of intestate estate of minor.
Section 45a-438b. - Inheritance of parent from or through child.
Section 45a-440. (Formerly Sec. 45-287). - Simultaneous death; disposition of property.
Section 45a-440a. (Formerly Sec. 45-287a). - When deaths of husband and wife presumed simultaneous.
Section 45a-441. (Formerly Sec. 45-276a). - Death of devisee or legatee.
Section 45a-442. (Formerly Sec. 45-276b). - Lapsed devises of real property.
Section 45a-443. (Formerly Sec. 45-285). - Shares may be set out in real or personal property.
Section 45a-444. (Formerly Sec. 45-282). - Distribution of real property held by different titles.
Section 45a-448. (Formerly Sec. 45-280). - Distribution of damages for causing death.
Section 45a-449. (Formerly Sec. 45-278). - Property due person residing outside United States.
Section 45a-450. (Formerly Sec. 45-286). - Descent or distribution of real property to be recorded.
Section 45a-452. (Formerly Sec. 45-287b). - When property escheats to the state. Procedure.
Section 45a-459. (Formerly Sec. 45-298b). - Application of chapter.
Section 45a-460. (Formerly Sec. 45-298c). - Rebuttable presumptions.
Section 45a-461. (Formerly Sec. 45-298d). - Disposition of property at death.
Section 45a-462. (Formerly Sec. 45-298e). - Perfection of title of surviving spouse.
Section 45a-464. (Formerly Sec. 45-298g). - Security interest of purchaser for value or lender.
Section 45a-465. (Formerly Sec. 45-298h). - Creditor's rights.
Section 45a-466. (Formerly Sec. 45-298i). - Rules of construction.
Section 45a-468. - Short title: Uniform Transfer on Death Security Registration Act. Construction.
Section 45a-468a. - Definitions.
Section 45a-468b. - Registration in beneficiary form: Sole or joint tenancy ownership.
Section 45a-468c. - Registration in beneficiary form: Applicable law.
Section 45a-468d. - Designation of beneficiary.
Section 45a-468e. - Form of registration in beneficiary form.
Section 45a-468f. - Effect of registration in beneficiary form.
Section 45a-468g. - Ownership on death of owner.
Section 45a-468h. - Protection of registering entity.
Section 45a-468i. - Nontestamentary transfer on death.
Section 45a-468j. - Terms, conditions and forms for registration.
Section 45a-468k. - Taxable transfer.