How a Beneficiary Can Compel an Estate Administrator to Pay an Inheritance Share
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Connecticut law, an estate administrator (sometimes called a personal representative) owes beneficiaries a fiduciary duty to collect assets, pay valid debts and taxes, and then distribute the balance according to the will or intestacy rules. If an administrator delays or refuses to distribute your inheritance, you have several options.
1. Request a Formal Accounting (Conn. Gen. Stat. § 45a-235)
You can petition the Probate Court where the estate is pending for a formal accounting of all receipts, disbursements and estate assets. A court-ordered accounting (Conn. Gen. Stat. § 45a-235) forces the administrator to detail transactions from the date of appointment through the present. Link: § 45a-235.
2. Petition for Distribution (Conn. Gen. Stat. § 45a-445)
After debts and expenses are paid, beneficiaries may file a petition under Conn. Gen. Stat. § 45a-445 to compel distribution of net assets. The Probate Court reviews the petition and can order immediate payment of your share if the estate’s affairs are properly wound up. Link: § 45a-445.
3. Seek Removal for Breach of Fiduciary Duty (Conn. Gen. Stat. § 45a-114)
If the administrator mismanages assets, delays distribution without justification or fails to account properly, you can ask the Probate Court to remove them under Conn. Gen. Stat. § 45a-114. Removal empowers the court to appoint a replacement who must complete distribution. Link: § 45a-114.
4. File a Civil Action for Breach of Fiduciary Duty
In some cases, beneficiaries pursue a separate civil lawsuit against the administrator for breach of fiduciary duty. Courts may award damages plus attorney’s fees. This remedy often follows an accounting or removal action in Probate Court.
Helpful Hints
- Gather documentation: wills, bank statements, notices of appointment.
- Keep a timeline of all communications with the administrator.
- File your petitions in the Probate Court where the decedent lived at death.
- Meet deadlines: Probate Court rules set timeframes for objections and petitions.
- Consider mediation: some disputes resolve faster out of court.
- Consult an estate attorney if the administrator resists court orders.