Conn. Gen. Stat. § 45a-372: (Formerly Sec. 45-230u). Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution.
Where this section sits in the code
- TITLE 45a. PROBATE COURTS AND PROCEDURE
- CHAPTER 802b. DECEDENTS' ESTATES
- PART VII*. CLAIMS AGAINST DECEDENTS' ESTATES FOR DECEDENTS DYING ON OR AFTER OCTOBER 1, 1987
(a) Except as otherwise provided in subsection (b) of section 45a-357 and section 45a-375, the failure of a plaintiff to present his claim to the fiduciary as prescribed by law shall not impair his right to maintain an action against the beneficiaries under section 45a-368; provided nothing contained herein shall extend the time limited for the commencement of an action to enforce plaintiff's claim.
(b) Following final distribution of all assets known to a fiduciary, any suit on an unsatisfied obligation described in subsection (a) of section 45a-368 shall be brought against beneficiaries and not against the fiduciary, unless the plaintiff is seeking to have the fiduciary personally surcharged.
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