(a) Any court of probate to which an application to sell real property has been made under the provisions of section 45a-164, may authorize a person other than the fiduciary to sell it in accordance with the provisions of sections 45a-164 and 45a-166 if such person has given a probate bond and if a probate bond is in force for the fiduciary in accordance with section 45a-164, unless exempted therefrom under section 45a-169.

(b) Such person selling the real property shall pay to the fiduciary the sum for which such real property was sold.

(1949 Rev., S. 7028; P.A. 80-227, S. 20, 24; 80-476, S. 83; P.A. 83-87, S. 4.)

History: P.A. 80-227 rephrased provision re probate bonds and deleted clause requiring that person other than fiduciary making sale “will faithfully administer and account for the avails of such sale according to law”, effective July 1, 1981; P.A. 80-476 divided section into Subsecs., rephrased provisions and substituted “real property” for “real estate”; P.A. 83-87 deleted provision permitting fiduciary to be a purchaser of real property; Sec. 45-244 transferred to Sec. 45a-167 in 1991.

Annotations to former section 45-244:

Failure to follow statute makes sale voidable and even though sale is made through intermediate conveyance to third party, relief lies in Superior Court. 105 C. 560. Effect and intent of former statute. 127 C. 480. Cited. 134 C. 334. Action of court in receiving and recording a return of sale is ministerial and no appeal lies. 140 C. 594.

Not obligatory upon an executor to proceed under section; he may sell to himself and such sale will not be void but if challenged, the burden is on him to show that the transaction was fair and equitable. 13 CS 114.