Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Connecticut law, an interested party may open probate in the probate district where the decedent resided. Probate courts handle validating wills, appointing administrators or executors, and overseeing estate distribution.
1. Identify the Proper Probate District
Locate the probate court for the decedent’s domicile at death. Connecticut divides the state into probate districts. You can find your district via the Connecticut Judicial Branch website.
2. Gather Required Documents
- Original death certificate
- Original will (if one exists)
- Petition form: “Petition for Probate of Will and for Letters Testamentary” or “Petition for Administration” (if intestate)
3. File the Petition
Prepare and file the appropriate petition with the probate court. Under Conn. Gen. Stat. § 45a-254, you must present the will (if any) and the petition at the court clerk’s office. See C.G.S. § 45a-254.
If no will exists, file a Petition for Administration. The court then appoints an administrator under Conn. Gen. Stat. § 45a-255. See C.G.S. § 45a-255.
4. Pay Court Fees
Probate courts charge filing fees. Fees vary by estate size. Contact the probate court clerk for the current schedule.
5. Attend the Hearing
The court schedules a hearing to admit the will and appoint letters of testamentary or administration. The court issues Letters Testamentary (for executors) or Letters of Administration (for administrators) once it approves the petition.
6. Serve Notice
After issuance of letters, serve notice to heirs and creditors. Connecticut law requires notice to all interested parties to allow filing of claims.
7. Fulfill Fiduciary Duties
As executor or administrator, you must inventory assets, pay valid debts and taxes, and distribute remaining assets according to the will or state law.
Helpful Hints
- Contact the probate clerk early to confirm district boundaries and fee schedules.
- Use certified copies of the death certificate when filing.
- Keep an organized file of all probate documents and court filings.
- Notify beneficiaries promptly to avoid delays and disputes.
- Consider consulting a probate attorney if the estate includes real property or complex assets.