A Quick Guide to Probate in Connecticut

The days and weeks after a loved one passes away feel like a fever dream. The last thing you may be thinking about are the legal implications. The funeral home will assist with filing necessary death certificates, obtaining permits, and ensuring all legal requirements are met for burial, cremation, or other types of disposition. Whether you’re an executor, heir, or just planning ahead, this guide will help dispel some of the mysteries around the probate process.

When is probate actually necessary

1. The Deceased Owned Property Alone: If the deceased had assets like real estate or bank accounts solely in their name, probate is needed to transfer ownership to heirs.

2. There’s a Will: Probate authenticates the will and ensures the deceased's wishes are carried out, including paying debts and distributing assets.

3. There Are Debts: If the deceased had outstanding debts, probate ensures creditors are paid before distributing assets.

4. There’s No Will (Intestate): When someone dies without a will, probate helps identify heirs and distribute assets according to state laws.

5. Assets Need Transferring: Probate is required to transfer assets from the estate to the rightful beneficiaries if there’s no joint owner or beneficiary named.

When is probate not necessary

In Connecticut, if the total value of the decedent’s estate is under $40,000 (or $60,000 if the surviving spouse is the only heir), the probate process may be simplified through a small estate procedure. This allows for an easier and faster distribution of assets, bypassing full probate.

Additional situations in which probate is not needed include:

• Joint Tenancy: Property owned in joint tenancy with a right of survivorship automatically passes to the surviving owner.

• Trusts: If the decedent created a trust, assets in the trust pass directly to beneficiaries without probate.

• Beneficiary Designations: Life insurance, retirement accounts, and bank accounts with named beneficiaries do not go through probate and pass directly to the beneficiaries.

  
  

Once you have determined whether probate is necessary, here are the steps for the legal process.

Step 1: Filing the Petition, Will and Death Certificate

• The proposed executor files the will (if there is one) in the local Connecticut Probate Court where the decedent lived. All probate forms can be found here.

• If the executor is someone other than those appointed in the will, then they must file signed letters of renunciation from the appointed executors/ heirs.

• If no will exists, the petition is filed intestate and the court follows intestacy laws to distribute property.

  
  

Step 2: Court Appointment

• The court formally appoints the executor (if named) or an administrator (if no will).

• This gives them legal authority to act on behalf of the estate.

  
  

Step 3: Notice to Heirs & Creditors

• All heirs and beneficiaries are notified with each form filed.

• A legal notice is published in the newspaper by the court. The estate is responsible for the notice fee.

• There is a 150 day waiting period after the publication of the notice to creditors to allot time for creditors to come forward. After the waiting period, the fiduciary must file a return of claims with the court with a list of the creditors, if any.

  
  

Step 4: Inventory of Assets

• The executor/administrator compiles a full inventory of the deceased person’s assets (real estate, bank accounts, personal property).

• Assets are valued for tax and distribution purposes.

  
  

Step 5: Paying Debts & Taxes

• Valid debts and expenses (including funeral costs, taxes, legal fees) are paid out of the estate.

• Connecticut may also require a state estate tax return, depending on the estate size.

  
  

Step 6: Distributing the Estate

• Once debts are cleared, the remaining assets are distributed according to the will, or state law if no will exists.

  
  

Step 7: Closing the Estate

• A final accounting is filed with the Probate Court.

• After approval of the final inventory, the fiduciary may file to be relieved of their duties and estate can be officially closed.

  
  
  
  

Probate doesn’t have to be overwhelming — with good planning (like creating a will or trust), the process can be smoother. Let us help lighten your load by scheduling a consultation today!

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