Sec. 45a-363. (Formerly Sec. 45-230l). Suit against estate on rejected claim; time within which to commence suit or file application. - Connecticut Statutes

      Sec. 45a-363. (Formerly Sec. 45-230l). Suit against estate on rejected claim; time within which to commence suit or file application. (a) No person who has presented a claim shall be entitled to commence suit unless and until such claim has been rejected, in whole or in part, as provided in section 45a-360.

      (b) Unless a person whose claim has been rejected (1) commences suit within one hundred twenty days from the date of the rejection of his claim, in whole or in part, or (2) files a timely application pursuant to section 45a-364, he shall be barred from asserting or recovering on such claim from the fiduciary, the estate of the decedent or any creditor or beneficiary of the estate, except for such part as has not been rejected. If such person dies within thirty days from the date of the rejection of his claim and before suit is commenced or an application is filed, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit or to file the application provided for in section 45a-364. If such person dies more than thirty days but within one hundred twenty days from and including the date of the rejection of his claim and before suit is commenced, his fiduciary shall be allowed a period of one hundred twenty days from the date of his death within which to commence such suit.

      (P.A. 87-384, S. 11.)

      History: Sec. 45-230l transferred to Sec. 45a-363 in 1991.

      Cited. 42 CA 59. Section does not apply to an action where no estate is party to the suit. 61 CA 608.

      Cited. 44 CS 477.