(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 Court of Probate 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 Court of Probate 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 Court of Probate shall determine the value of any security or collateral to which the creditor may resort for payment of such claim. The order of the Court of Probate 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 Court of Probate shall direct for the purpose of being applied to the payment of such claim when matured, fixed and liquidated; except that the Court of Probate 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 Court of Probate.
(P.A. 87-384, S. 7.)
History: Sec. 45-230h transferred to Sec. 45a-359 in 1991.
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.