Connecticut General Statutes

Conn. Gen. Stat. § 47-33 (2026)

Action to settle title to land belonging to estate of deceased person

✓ current as of May 2026

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(a) In any action brought to quiet the title to real estate or to have declared invalid or to discharge or to foreclose any mortgage or lien on real estate, if any record owner of the title to such property or any interest therein, or of property on which there is a cloud, is dead and no notice of his death or of the appointment of an executor of the will or administrator of the estate of the decedent can be found in the land records of the town in which the real estate is situated, it shall be presumed for the purpose of the action, if brought pursuant to the provisions of section 52-69, that there is no such executor or administrator unless it appears in the affidavit filed pursuant to the provisions of said section that the plaintiff or his attorney has actual knowledge to the contrary. If the plaintiff does not know whether the record owner is then living, he may make defendants in the alternative the record owner if living and, if the record owner is not living, the parties designated in said section.

(b) The term “heirs”, as used in designating defendants pursuant to section 52-69, includes the heirs at law, legatees and devisees of the deceased, and all persons who might claim under them, and the term “widow” or “widower”, as thus used, includes all persons who might claim under the widow or widower, and any of those persons may appear and defend.

(c) In any such action, if the complaint is verified by affidavit, or if affidavits of fact are filed in court, the court may render such judgment therein, against any defendant not appearing to defend the action, as may be proper upon the facts so set forth, at any time, at its discretion and without further proof.

(1949 Rev., S. 7122; P.A. 79-602, S. 52.)

History: P.A. 79-602 divided section into Subsecs. and made minor changes in wording.

Action against deceased person not brought in compliance with statute a nullity. 117 C. 47.

Cited. 30 CS 135.

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Notes of Decisions

Cited in 11 cases (3 in the last 5 years), 1973–2025 · leading case: Reiner, Reiner & Bendett, P.C. v. Cadle Co., 897 A.2d 58 (Conn. 2006).

Sort: Relevance Newest Treatment

Reiner, Reiner & Bendett, P.C. v. Cadle Co., 897 A.2d 58 (Conn. 2006). · cites it 2× “The provisions of this section shall not apply in the case of any civil action brought under and pursuant to General Statutes § 47-33 or § 52-69 and no continuance or postponement of any such action or additional notice of the pendency thereof shall be required unless the…”

Schulz v. Syvertsen, 591 A.2d 804 (Conn. 1991). · cites it 2× “General Statutes § 47-33(1 provides in part: “interest to which title IS SUBJECT.”

Hart, Nininger & Campbell Assocs. v. Rogers, 548 A.2d 758 (Conn. App. Ct. 1988). ““(c) The provisions of this section shall not apply in the case of any civil action brought under and pursuant to section 47-33 or 52-69, and no continuance or postponement of any such action or additional notice of the pendency thereof may be required unless the court so orders.”

Mizla v. Depalo, 438 A.2d 820 (Conn. 1981). · cites it 2× “Thus, General Statutes § 47-33? does not operate to bar the validity of the defendants’ interest.”

Davis v. Prop. Owners Assn. at Moodus Lake Shores, Inc., 193 A.3d 1245 (Conn. App. Ct. 2018). · cites it 2× “Before the court are the plaintiffs' claims for (1) a declaratory judgment seeking an easement, (2) judgment to quiet title pursuant to General Statutes § 47-33, (3) an easement by implication, (4) an easement by prescription and (5) malicious erection of a fence pursuant to…”

Toms v. Settipane, 317 A.2d 467 (Conn. Super. Ct. 1973). · cites it 2× “The plaintiff was exercising her legal right to file these documents in order to protect her interests. No inference of malice can be drawn from her conduct such as would be necessary to establish a cause of action for slander of title at common law or under General Statutes §…”

Bozelko v. Statewide Constr., Inc., 207 A.3d 520 (Conn. App. Ct. 2019). · cites it 2× “, extends all the way to the current street line of McLay Avenue and includes to the center of McLay Avenue," (4) General Statutes § 47-33 extinguishes any claim the defendants have to 105 McLay Avenue, and (5) Statewide Construction, Inc.”

Reverse Mortg. Solutions, Inc. v. Widow(er), Heir(s) &/or Creditors of the Est. of Beryl E. Rowland (Conn. App. Ct. 2025). · cites it 2× “’’6 6 General Statutes § 47-33 (b), which also applies to actions to foreclose a mortgage on real estate after the mortgagor has died, provides in relevant part that ‘‘[t]he term ‘heirs’, as used in designating defendants pursuant to section 52-69, includes the heirs at law,…”

Bozelko v. Statewide Constr., Inc., 202 Conn. App. 577 (Conn. App. Ct. 2021). “’’ She requests in her writ of error that this court vacate the judgment of the trial court and ‘‘conduct a de novo review of the deeds in evidence to determine which party in the underlying action holds marketable record title under [General Statutes] § 47-33 (b) et seq.’’3 We…”

CHFA–Small Props., Inc. v. Elazazy (Conn. App. Ct. 2015). “In its principal appellate brief, the defendants state that the ‘‘[t]rial court lacked subject matter [juris- diction] in a [General Statutes] § 47-33 quiet title action (to real estate) in which the town of Simsbury (a non- party to this action, but in which the town attorney…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.