Sec. 45a-372. (Formerly Sec. 45-230u). Action not impaired by failure to present claim to fiduciary. Proper person to sue following final distribution.
111 words·~1 min read·
/ct/title-45a/chapter-802b-decedents-estates/45a-372·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.