Detailed Answer
When someone dies without a valid will (or when a will does not name a personal representative for all estate property), Connecticut probate courts appoint an administrator to collect assets, pay debts, and distribute property to heirs. “Next of kin” describes the surviving relatives who inherit under Connecticut’s intestacy rules. A next of kin can qualify to be appointed administrator if they meet the court’s statutory and practical requirements and follow the probate appointment process.
Who the court prefers for appointment
Connecticut probate courts follow an order of priority among potential administrators. The court generally prefers the surviving spouse first, then children, then more remote relatives. A person who is higher in the priority list will usually be appointed over a more remote relative unless the court finds a good reason not to do so (for example, incapacity or a conflict of interest).
Basic eligibility requirements
- Adult capacity: The proposed administrator should be an adult with the mental and physical capacity to perform fiduciary duties.
- Honesty and fitness: The court looks for a person who can manage estate business honestly and competently. Serious recent criminal convictions, unresolved financial misconduct, or evidence of dishonesty can cause the court to deny appointment.
- Residency and availability: While residency in Connecticut is not always required, the court may favor a nearby person who can act promptly. Practical availability to handle estate tasks helps.
How next of kin become appointed administrators — step by step
- Identify the correct probate court. File the appointment petition in the probate court for the decedent’s last domicile (home town). Use the Connecticut Probate Court site for court locations and contact details: https://www.jud.ct.gov/probate/.
- Prepare and file a petition for appointment. The petition asks the court to appoint the petitioner as administrator and usually includes a list of heirs, an asset estimate, and a copy of the death certificate. The Judicial Branch provides forms and guidance on estate administration procedures: https://www.jud.ct.gov/probate/Pages/estates.htm.
- Give notice. Statutes and court rules require notice to interested persons (heirs, creditors, and other potential claimants). The court sets deadlines for objections or competing petitions.
- Bond requirement. The court may require the administrator to post a bond (insurance to protect the estate) unless the beneficiaries waive the bond. The amount depends on the size and nature of estate assets.
- Hearing and issuance of letters. If no valid objection appears or if the court decides in favor of the petitioner after hearing, the court issues letters of administration (also called letters testamentary in some contexts) that grant legal authority to act for the estate.
- Administration duties. The appointed administrator collects and secures assets, notifies creditors, pays lawful debts and taxes, files inventories and accountings with the probate court, and distributes remaining assets to heirs according to Connecticut intestacy law.
What can disqualify a next of kin?
- Being a minor or lacking mental capacity to serve.
- Serious criminal history or evidence the person will not faithfully perform fiduciary duties (the court evaluates these on a case-by-case basis).
- Conflict of interest or conduct suggesting the person would mismanage estate assets.
- An express statutory bar (for example, in some circumstances a beneficiary who has unlawfully caused the decedent’s death may be disqualified).
When family disputes or competing petitions arise
If multiple next of kin seek appointment, the court evaluates priority, fitness, and any objections. Contested appointments often require a hearing where the judge decides who can best serve the estate. If a next of kin is concerned about disputes, they should consider filing promptly and preserving evidence of suitability (clear records, willingness to post a bond, and a plan to administer the estate).
Relevant Connecticut law and resources
Probate procedure and intestacy rules are governed by Connecticut statutes and Probate Court practice. For statutory text and guidance, see Connecticut General Statutes, Title 45a (Probate), at the state legislature website: https://www.cga.ct.gov/current/title_45a.htm. For forms and practical steps, see the Connecticut Probate Court information pages: https://www.jud.ct.gov/probate/Pages/estates.htm.
Sample hypothetical: If John (a Connecticut resident) dies without a will, his surviving spouse Mary has priority to be administrator. If Mary declines, their adult daughter Sarah may petition as next of kin. Sarah files a petition in the probate court for John’s last domicile, provides the death certificate and a list of heirs, posts any required bond, and—if no one objects—receives letters of administration and begins the estate process.
Disclaimer: This information explains general Connecticut probate practice and is not legal advice. Laws change and every case is different. For advice about a particular situation, consult a Connecticut probate attorney or contact your local probate court.
Helpful Hints
- Start early. File a petition promptly after death to protect assets and meet creditor notice deadlines.
- Gather documents before filing: death certificate, bank statements, titles, and contact info for heirs and creditors.
- Check for a will. Even a handwritten will can be filed with the probate court; if no valid will exists, follow intestacy rules.
- Be transparent. Full disclosure to the court and heirs lowers the risk of objections or removal.
- Consider a bond waiver. If beneficiaries agree to waive the bond, administration can be simpler and less costly.
- Get professional help when needed. If the estate is complex, contested, or includes tax issues, consult a probate attorney or accountant.
- Use official resources. Find local probate court contact information and forms at the Connecticut Judicial Branch probate pages: https://www.jud.ct.gov/probate/
- Read the statutes. For statutory authority and definitions, review Title 45a of the Connecticut General Statutes: https://www.cga.ct.gov/current/title_45a.htm