§ 45a-144 — (Formerly Sec. 45-40). Action on probate bond by aggrieved person.

Connecticut § 45a-144

• Jurisdiction: Connecticut
• Title 45a: Probate Courts and Procedure
• Ch. 801b: Probate Court Procedures

Text

(a) Any person claiming to be aggrieved by the breach of a probate bond, as representative of the estate in connection with which the bond was given, or in his own right or in the right of himself and all others having an interest in the estate, may bring an action in the Superior Court or may apply to the court of probate in which the bond was given to recover for the breach in his own name. (b) If an application is made or an action is brought by one not acting as a representative of the estate and the judge concludes that the action ought to be prosecuted, or the proceeding ought to be maintained, on behalf of all persons interested in the estate in connection with which the bond was given, the judge may order that the action shall be brought, or the proceeding shall be maintained, on behalf of all such persons; but, in that event, such persons need not be named in the writ, complaint or application. (c) The judge shall require that the applicant or the person bringing the action give a bond, with sufficient surety, in an amount acceptable to the judge, in the nature of a probate bond. The bond shall be conditioned upon the applicant's or plaintiff's well and truly accounting for any moneys recovered in the action or proceeding and for his doings in connection with the action or proceeding and with the securing of payment of any moneys adjudged to be due. The bond shall be filed, with the endorsement of its acceptance, in the court of probate in which the estate is in settlement. If the application is made or the action is brought by a representative of the estate and the judge deems the bond already given by him sufficient to cover any amount which may be recovered in the action or proceeding, no additional bond need be required. (d) The plaintiff in any action brought by him, or the applicant in any proceeding commenced by him, as representative of the estate or on his behalf and that of all persons interested in it shall account for any moneys recovered to the court of probate in which the estate is in settlement. The court may allow to the applicant or plaintiff a reasonable sum for his disbursements and services in the action or proceeding and in any subsequent proceedings to enforce payment of any sum recovered, to be paid from the amount recovered or by the estate. See Sec. 52-117 re actions on probate bonds.

Legislative History

(1949 Rev., S. 6847; P.A. 80-476, S. 71; P.A. 98-52, S. 8.) History: P.A. 80-476 divided section into Subsecs. and reworded provisions; Sec. 45-40 transferred to Sec. 45a-144 in 1991; P.A. 98-52 amended section to provide person aggrieved by breach of bond may apply to probate court in which bond given and deleted specified conditions necessary for bringing action. Complaint of plaintiff, a state licensed nursing home, stated legally sufficient cause of action under section against defendant conservator, and plaintiff had right to bring action on probate bond to recover loss it suffered as a result of defendant's breach of duties under Secs. 45a-655(a) and 45a-656(a), as conservator of estate and of person, to ensure timely payment for services rendered by plaintiff. 257 C. 531. Subsec. (a): Provides cause of action for three separate categories of plaintiff, including any person aggrieved “in his own right” and, accordingly, complaint of state licensed nursing home against defendant conservator for payment for services rendered stated legally sufficient cause of action. 257 C. 531. Trial court improperly construed plaintiff's complaint under section as a negligence cause of action. 58 CA 1.