Detailed Answer
Short answer: On a Connecticut small estate affidavit, list only the decedent’s personal property that is probate property (assets that pass according to the will or by intestacy) and that you are legally collecting. Do not list assets that already pass outside probate (for example, assets with named beneficiaries, true joint-tenancy property with right of survivorship, or assets held in a valid trust). Never knowingly leave out probate assets or intentionally misstate values — that can create personal liability.
What the affidavit is for
A small estate affidavit (sometimes called an affidavit for collection of personal property) is a simplified tool used to collect certain assets of a decedent without full probate proceedings when the estate is small enough under Connecticut rules. The affidavit is a sworn statement. Courts and third parties (banks, title bureaus, insurers) rely on it to transfer ownership. Because it is sworn, accuracy matters.
How to decide which assets to list
- Make an inventory of all assets in the decedent’s name. Gather account statements, titles, deeds, insurance policies, retirement plan paperwork, and safe-deposit information.
- Classify each item as probate vs. nonprobate.
- Probate property: assets titled solely in the decedent’s name with no beneficiary designation or survivorship language (examples: a bank account titled only in the decedent’s name, household items, personal property, some vehicles titled only to the decedent).
- Nonprobate property (do NOT normally list): assets that pass automatically to someone else outside probate, such as life insurance or retirement accounts with named beneficiaries, payable-on-death (POD) or transfer-on-death (TOD) accounts, property held as joint tenants with right of survivorship, and assets held in a valid living or testamentary trust.
- Exclude real estate unless local forms/ rules allow it. In most jurisdictions small estate affidavits cover personal property, not real property. If the decedent owned real estate in Connecticut, you usually must use probate administration or a different statutory mechanism to transfer title. Check with the local probate court.
- Check titles and beneficiary designations carefully. If a bank account has a POD payee, or a brokerage/retirement account lists a beneficiary, that asset generally passes outside probate and should not be claimed on the affidavit. If a joint account has survivor rights, it usually belongs to the surviving co-owner.
- Value each listed asset honestly. Put a reasonable fair-market value or the account balance as of the date of death. Do not put “zero” for an asset that has value. Listing a zero value when the asset has value can be misleading and expose you to claims or penalties.
- If you are unsure, disclose and attach documentation. For any asset where ownership or status is ambiguous, explain the basis for your position in the affidavit or attach account statements, the title, beneficiary forms, or a copy of the will. Many banks or other payors will ask for supporting documents before releasing funds.
Common asset categories and how to treat them
- Bank accounts: List if the account is solely in the decedent’s name. Do not list if the account is POD/TOD or has a surviving co-owner with rights of survivorship.
- Brokerage, retirement, life insurance: Do not list if a beneficiary is named. The beneficiary or plan administrator handles those outside probate.
- Vehicles: If title is solely in the decedent’s name, list the vehicle and attach the title or title application instructions. If title shows joint owners with survivorship, do not list as probate property.
- Personal property (furniture, jewelry, collectibles): List if owned solely by the decedent. Provide reasonable values when required.
- Real estate: Generally excluded — consult the probate court or an attorney.
Why you should not leave items blank or enter zero
An affidavit is a sworn statement. Leaving an asset blank or putting a zero value can look like hiding property or making a false statement. If you do not intend to collect a particular asset (because it passes outside probate or belongs to someone else), omit it and be prepared to document why you did not include it. If a form asks you to list all probate assets, but you truly have none, state that clearly rather than leaving blanks.
When to get help
If any of the following apply, contact the local probate court or an attorney before filing an affidavit: ambiguous ownership, significant assets (or claims by creditors), real estate, disputes among heirs, or complex beneficiary questions. A short phone call to the probate clerk can often clarify whether the small estate affidavit is the correct path.
For official forms and local procedures, see the Connecticut Probate Courts pages: https://www.jud.ct.gov/probate/. For Connecticut statutes and more detailed law, consult the Connecticut General Assembly: https://www.cga.ct.gov/.
Disclaimer
This article explains general principles under Connecticut law and is for educational purposes only. It is not legal advice. For advice about a specific estate, contact a Connecticut probate attorney or the local probate court.
Helpful Hints
- Gather documents first: death certificate, account statements, titles, beneficiary designations, and the will (if any).
- Make a clear list and classify each asset as probate or nonprobate before completing the affidavit.
- When in doubt, attach supporting documents or a short explanatory note to the affidavit.
- Never falsify values or ownership. Honesty protects you from later liability.
- Check with the probate court clerk about local dollar limits, required forms, and whether the affidavit can transfer a particular asset type.
- If an institution refuses to release money despite a completed affidavit, ask what additional documents they require (for example, certified death certificate, a copy of the affidavit, or a letter from the probate court).
- Consider a brief consult with a probate attorney if assets are significant, if ownership is disputed, or if real estate is involved.