Connecticut: Which Assets Must Go Through Probate and Which Pass Directly to Survivors

Detailed Answer

When a person dies in Connecticut, some assets must be handled through the probate court (court administration) before they can be transferred to heirs. Other assets pass directly to survivors without probate because of title, beneficiary designations, or trust ownership. Below is a clear, practical breakdown so you can quickly identify which category most assets fall into and what to do next.

How to think about ownership

Whether an asset goes through probate depends on how it is owned or whether it has a designated beneficiary. Ask two simple questions about each asset:

1. Is the asset titled only in the deceased person’s name (no co-owner with survivorship rights)?
2. Does the asset have a named beneficiary or is it held in a trust?

If the answer to (1) is Yes and the answer to (2) is No, the asset typically must be administered through probate.

Assets that typically must go through probate in Connecticut

• Solely titled real estate (a house or land) that has no joint owner with right of survivorship and no valid transfer-on-death instrument.
• Bank or brokerage accounts held only in the decedent’s name that are not payable-on-death (POD) or transfer-on-death (TOD).
• Vehicles titled only in the decedent’s name (unless state title law or beneficiary forms say otherwise).
• Personal property (furniture, jewelry, collections) owned solely by the decedent with no designated beneficiary or trust ownership.
• Business ownership interests held in the decedent’s name (sole proprietorships, certain partnership shares, or closely held corporate shares without transfer arrangements).
• Assets for which the decedent left a will but which require a court to prove the will and appoint a personal representative (executor or administrator).

Probate administration opens when someone asks the probate court to admit a will (if there is one) and to appoint a fiduciary to gather assets, pay debts and taxes, and distribute the estate under the will or Connecticut intestacy law (if no will exists). The Connecticut probate courts handle this work; see the Connecticut statutes and probate court resources at the Connecticut General Assembly and the State’s Probate Courts portal: Conn. Gen. Statutes (current) and Connecticut Probate Courts.

Assets that usually pass directly to survivors (no probate)

• Assets with beneficiary designations: life insurance policies, IRAs, 401(k)s and many annuities pass to the named beneficiary without probate.
• Payable-on-death (POD) bank accounts and transfer-on-death (TOD) investment accounts pass to the named beneficiary directly.
• Joint tenancy property with right of survivorship (bank accounts, real estate or other titled property held as joint tenants) passes automatically to the surviving joint owner.
• Property already held in a valid living trust (revocable or irrevocable) passes under the trust terms without probate for those trust assets.
• Assets subject to contractual transfer rights (e.g., some retirement plan rules or employer benefit plans) follow the plan’s beneficiary rules.

Beneficiary designations and joint ownership typically control over a will. For example, if a will leaves a life insurance policy to A but the policy’s beneficiary form names B, the insurer will generally pay B directly without involving probate.

Common Connecticut-specific practical points

• Title and beneficiary forms are decisive. Confirm the exact account title and beneficiary paperwork—these often determine whether probate is needed.
• If the decedent owned property solely in their name but the estate is small, Connecticut probate procedures may allow a streamlined or summary process. Contact the local probate court to learn about simplified procedures and required forms: Connecticut Probate Courts.
• Even if an asset passes outside probate (for example, by beneficiary designation), the estate may still need to handle debts, taxes, or claims through the probate process if creditors or the tax authority have claims.

Typical probate steps (if an asset requires court administration)

1. File a petition with the local Connecticut probate court to open an estate and, if applicable, admit a will.
2. The court usually appoints an executor or administrator to gather assets, value them, and notify heirs and creditors.
3. Pay legitimate debts, funeral expenses, and taxes from estate funds.
4. Distribute the remaining assets to beneficiaries under the will or Connecticut intestacy rules.
5. Close the estate with a final accounting to the court.

For official statutory authority on the probate court’s role and estate administration, see the Connecticut General Assembly website for probate laws and procedures: Conn. Gen. Statutes (current). For practical forms and local court contact information use the Connecticut Probate Courts portal: Probate Courts.

Simple hypothetical examples

Example 1 — House titled solely in decedent’s name: Maria dies owning her home solely in her name and there is no joint owner and no transfer-on-death deed. Her heirs must open a probate estate to transfer the house title.

Example 2 — IRA with named beneficiary: John dies and his IRA names his sister as beneficiary. The IRA custodian pays the sister directly; the IRA does not have to go through probate.

Example 3 — Joint bank account: Lee and Sam held a bank account as joint tenants with right of survivorship. When Lee dies, the account belongs to Sam immediately and usually does not require probate.

When you should seek help

If an important asset has unclear title, conflicting beneficiary forms, or if a creditor or potential heir disputes distribution, talk to a Connecticut probate attorney. If you only need to confirm whether a small account has to be probated, the local probate court staff can often point you to the proper forms and procedures.

Disclaimer: This article is informational only and not legal advice. It does not create an attorney-client relationship. For legal advice about a specific situation in Connecticut, contact a licensed probate or estate attorney or the local Connecticut probate court.

Helpful Hints

• Locate titles and beneficiary forms first (bank statements, deeds, life insurance, retirement plan paperwork). Titles and beneficiary forms usually decide how an asset transfers.
• Check for joint tenancy language on deeds and account signatures. Language like “with right of survivorship” means the co-owner likely gets the asset automatically.
• Look for POD or TOD designations on bank and investment accounts. Those move outside probate to the named payee.
• Search for a living trust and its schedule of trust assets. Assets listed in a valid trust typically avoid probate.
• If you find a will, file it with the probate court in the district where the decedent lived. The probate court will explain next steps for opening an estate.
• Keep records: inventory assets, take photos of important documents, and note account numbers and insurer contact information to speed communications.
• Ask the institution holding the asset (bank, insurer, retirement plan) what documentation they need to release funds—often a death certificate and a beneficiary form will suffice.
• When in doubt, contact the local Connecticut probate court or consult a probate attorney for guidance before transferring or spending estate assets.