Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified Connecticut probate attorney regarding your specific situation.
Detailed Answer: Reopening a Closed Connecticut Estate
Connecticut probate courts can reopen an estate after distribution when interested persons discover assets that were omitted or unclaimed. Although the statutes do not set a strict deadline for reopening, you should file a petition as soon as practicable.
- Identify the Probate Court: File your petition in the same district court that handled the original estate. You can locate your court on the Connecticut Judicial Branch website.
- Prepare the Petition: Draft a petition that includes:
- The estate’s name and docket number.
- The date of the decree of distribution.
- A detailed description of the newly discovered or unclaimed assets.
- The reasons these assets were omitted initially.
- A request to reopen the estate and authorize distribution or citation of new assets.
- Serve Interested Parties: Under Conn. Gen. Stat. § 45a-15 (Notice Contents), serve the personal representative, all heirs, and creditors. Proper service gives everyone an opportunity to object.
- File Supporting Documents: Include a certified copy of the original decree of distribution, affidavits proving discovery of assets, and proof of service.
- Attend the Hearing: The court will schedule a hearing where you present evidence. If the probate judge finds the assets belong to the estate, the court may issue an order under its general powers in Conn. Gen. Stat. § 45a-7 (Powers of Probate Courts) to reopen the estate.
- Claim and Distribution: Once reopened, file claims for your share. The court can direct the personal representative or another fiduciary to distribute the assets according to the will or intestacy rules.
Helpful Hints
- Act promptly after discovering new assets to strengthen your petition.
- Keep detailed records and affidavits documenting how you found the assets.
- Consult the Connecticut Judicial Branch website for probate court forms and filing fees.
- Consider hiring a probate attorney if the estate assets are substantial or if disputes arise.
- Track deadlines for appeals or objections; probate cases can have strict timelines under Conn. Gen. Stat. § 45a-186 (Appeals from Probate Court).