(a) Every claim shall be presented to the fiduciary in writing. In addition, the fiduciary may require the claimant to present proof by affidavit that his claim is justly due, that all payments thereon, if any, have been credited and that he knows of no offsets or evidence of indebtedness and holds no security, except as specifically described in the affidavit.
(b) Whenever the fiduciary resides outside of the state, claims may be presented to the fiduciary by filing such claims with the judge of probate in the district where such estate is in settlement. The Court of Probate shall promptly forward to the fiduciary a copy of any such claim.
(c) No creditor shall be entitled to enforce payment of his claim against assets in the hands of a fiduciary in any proceeding in any court unless his claim is presented in accordance with the provisions of this section.
(d) A claim may be presented to the fiduciary, or filed with the Court of Probate pursuant to subsection (b) of this section, by: (1) Personal delivery to the fiduciary or Court of Probate, as the case may be; or (2) mailing by regular, certified or registered mail, postage prepaid, to the fiduciary or Court of Probate, as the case may be.
(e) A claim shall be deemed presented on: (1) The date on which the fiduciary actually receives the claim in the event the claim is presented by delivery to the fiduciary personally; (2) the date of mailing in the event the claim is properly mailed to the fiduciary at the fiduciary's address as set forth in the newspaper notice given under section 45a-354, or in the notice given under section 45a-357, or in the records of the Court of Probate; or (3) the date of receipt by the court if the claim is presented in accordance with subsection (b) of this section.
(P.A. 87-384, S. 6.)
History: Sec. 45-230g transferred to Sec. 45a-358 in 1991.
Notes of Decisions
New England Retail Props., Inc. v. Maturo, 925 A.2d 1151 (Conn. App. Ct. 2007).
· cites it 7× “Specifically, the defendant claims that pursuant to General Statutes §§ 45a-358 4 and 45a-363 (a), the creditor must make a specific claim, in the form of a specific dollar amount, against the estate and that the creditor is not permitted to alter the claim after its rejection…”
Salce v. Cardello, 269 A.3d 889 (Conn. App. Ct. 2022).
· cites it 5× “See General Statutes § 45a-353 (d) and (e). For a creditor’s claim to be properly filed, the party with the claim must present the claim, in writing, to the fiduciary.”
Sessa v. Reale, 278 A.3d 44 (Conn. App. Ct. 2022).
· cites it 3× “If the claim is rejected by the fiduciary or is deemed to have been rejected by the fiduciary; see General Statutes § 45a-360; then a claim- ant has two alternative avenues to pursue to avoid being barred from asserting or recovering on the rejected claim: the claimant may…”
Harborside Connecticut Ltd. P'ship v. Witte, 154 A.3d 1082 (Conn. App. Ct. 2016).
· cites it 2× “6 General Statutes § 45a-353 (d) defines a claim against a decedent as "all claims against a decedent (1) existing at the time of the decedent's death or (2) arising after the decedent's death, including, but not limited to, claims which are mature, unmatured, liquidated,…”
Martin v. Olson, 318 A.3d 1067 (Conn. App. Ct. 2024).
“4 General Statutes § 45a-360 (c) provides: ‘‘If the fiduciary fails to reject, allow or pay the claim within ninety days from the date that it was presented to the fiduciary as provided by section 45a-358, the claimant may give notice to the fiduciary to act upon the claim as…”
Harborside Connecticut Ltd. P'ship v. Witte, No. AC38212 (Conn. App. Ct. Dec. 27, 2016).
· cites it 2× “6 General Statutes § 45a-353 (d) defines a claim against a decedent as ‘‘all claims against a decedent (1) existing at the time of the decedent’s death or (2) arising after the decedent’s death, including, but not limited to, claims which are mature, unmatured, liquidated,…”
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