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Section 52-60 – Judge of probate as attorney for nonresident fiduciary. Service of process

May 11, 2021 | Civil Procedure, Connecticut

(a) No appointment of a nonresident of this state as an executor, administrator, conservator, guardian or trustee may take effect until the person so appointed has filed in the court of probate making the appointment a certificate, acknowledged before an officer authorized to take acknowledgments of deeds, appointing the judge of the court of probate and the judge’s successors in office to be his attorney upon whom all process in any action or proceeding described in section 52-61 and in any garnishment of the estate in the possession of the executor, administrator, conservator, guardian or trustee may be served.
(b) Such person shall agree in the certificate that any such process which is served on the judge of probate shall be of the same force and validity as if served on himself, subject to the applicable provisions of sections 52-87 and 52-88, and that the appointment of the judge of probate to be his attorney shall continue in force as long as any liability remains outstanding against him as a fiduciary and as long as he has any estate in his possession as a fiduciary.
(c) Copies of the certificate of appointment, certified by the judge or the clerk of the court of probate, shall be sufficient evidence of appointment and agreement.
(d) Service upon the judge of probate as attorney for the nonresident fiduciary shall be sufficient service upon the nonresident fiduciary, and shall be made by leaving an attested copy of the process with such judge of probate or with the probate court that appointed the nonresident fiduciary, and such judge or court shall forthwith give notice thereof to such executor, administrator, conservator, guardian or trustee.
(e) The judge of probate shall keep a record of all process served upon him which shall show the day and hour when service was made.

Conn. Gen. Stat. ยง 52-60

(1949 Rev., S. 7777; P.A. 82-160, S. 18; P.A. 12-66, S. 16.)

Amended by P.A. 12-0066, S. 16 of the the 2012 Regular Session, eff. 1/1/2013.

Cited. 147 C. 561; 195 Conn. 191. Cited. 18 CS 441.

See Sec. 45a-206 re right of foreign corporation to be executor or trustee.