Sec. 45a-330. (Formerly Sec. 45-257d). Time limited for granting administration or proving will; exceptions. - Connecticut Statutes

      Sec. 45a-330. (Formerly Sec. 45-257d). Time limited for granting administration or proving will; exceptions. Except as provided in section 45a-242, administration of the estate of any person shall not be granted, nor shall the will of any person be admitted to probate, after ten years from his decease, unless the Court of Probate 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.

      (1949 Rev., S. 6985; P.A. 80-476, S. 307.)

      History: P.A. 80-476 substituted "property" for "estate" and "the age of majority" for "full age"; Sec. 45-200 transferred to Sec. 45-257d in 1981; Sec. 45-257d transferred to Sec. 45a-330 in 1991.

      Annotations to former section 45-200:

      Child of tenant in tail who died more than ten years after the decease of a testator whose will was not proved, held not to be "interested" in the language of statute. 14 C. 210. Creditors of decedent cannot ordinarily claim right to administration if more than ten years have elapsed. 38 C. 256. Power of general assembly to grant administration after time stated in statute has elapsed. 45 C. 315. Cited. 49 C. 422. Administration should not be granted by court if application has no foundation or appointment would not avail applicants. 61 C. 449. Cited. 62 C. 222; 67 C. 320. May be granted after ten years, to collect note apparently outlawed. 76 C. 380. See 91 C. 265. Lien of antemortem creditor on decedent's real estate lasts while administration may be granted. 103 C. 353, Id., 372. Effect of laches after proper presentation and no disallowance of antemortem claim. 106 C. 609. Cited. 109 C. 457. Not an absolute bar to admission of will to probate after ten years from decease of testator. 135 C. 489.

      Cited. 15 CS 316.

      Annotation to former section 45-257d:

      Cited. 40 CS 312.