(a) When it appears to any Probate Court, pending proceedings before it for the settlement of the estate of a deceased person as a testate estate, that the will under which such proceedings were commenced and have been continued had been revoked in accordance with the provisions of subsection (b) of section 45a-257 of the general statutes, revision of 1958, revised to January 1, 1995, with respect to any will executed on or after October 1, 1967, and prior to January 1, 1997, or in accordance with the provisions of section 45a-257 with respect to any will executed on or after January 1, 1997, the court shall have power to revoke, annul and set aside any order or decree proving or approving the will so revoked and any other order or decree made and passed by such court in the settlement of the estate under such will.
(b) The court may thereafter proceed with the settlement of the estate under a subsequent will if there is one or, if there is no subsequent will, may grant administration on the estate of such deceased person and proceed with the settlement of the estate as an intestate estate upon such notice to all parties in interest as the court orders.
(1949 Rev., S. 6974; P.A. 79-569, S. 2; P.A. 80-476, S. 251; P.A. 13-81, S. 5.)
History: P.A. 79-569 referred to revocation of will in accordance with Sec. 45-162(b) rather than revocation “by the testator by a subsequent will or by the marriage of the testator or by the birth or adoption of a child”; P.A. 80-476 divided section into Subsecs. and made minor wording changes, substituting “the” for “such”; Sec. 45-186 transferred to Sec. 45a-295 in 1991; P.A. 13-81 amended Subsec. (a) to substitute “Probate Court” for “court of probate” and add reference to Sec. 45a-257(b) of general statutes, revision of 1958, revised to January 1, 1995, re will executed on or after October 1, 1967, and prior to January 1, 1997, and Sec. 45a-257 re will executed on or after January 1, 1997.
Annotations to former section 45-186:
Word “revoked” is not to be construed as limited to a complete revocation of former will. 152 C. 206.
Where plaintiffs made motion to dismiss defendant's application for probate and appealed to Superior Court from Probate Court's dismissal of motion, held appeal must be erased for lack of jurisdiction. 23 CS 101.
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