Detailed Answer
In Connecticut, anyone who possesses the original will or codicil must submit it to the probate court in the district where the decedent lived within 30 days of learning of the death (Conn. Gen. Stat. § 45a-272). To locate and verify originals before opening probate, follow these steps:
1. Search Personal Records and Safe-Deposit Boxes
Start by reviewing the decedent’s home office, filing cabinets, and personal files. Many testators store originals in home safes or with a trusted friend. If you locate a safe-deposit box, Connecticut law allows access by a nominated person upon presentation of a death certificate and court authorization (Conn. Gen. Stat. § 45a-252). Request a court order if the bank refuses voluntary release.
2. Contact the Drafting Attorney or Law Firm
Attorneys often keep originals or self-proving copies. Reach out to any known estate planning attorney the decedent consulted. If you’re unsure who drafted the will, review the decedent’s email, billing statements, or contact local firms where they resided.
3. Check with the Probate Court Registry
Connecticut offers a voluntary Will Record Book in each probate district where attorneys and individuals can file registered wills or codicils (Conn. Gen. Stat. § 45a-263). Contact the clerk’s office in the decedent’s district to learn if a voluntary record exists.
4. Verify Originality and Execution Requirements
Under Connecticut law, a valid will must be in writing, signed by the testator (or by another at the testator’s direction), and witnessed by two individuals present together and in the testator’s presence (Conn. Gen. Stat. § 45a-250). If the will includes a self-proving affidavit, courts accept it without requiring live witness testimony (Conn. Gen. Stat. § 45a-254).
5. Handle Holographic Codicils
Connecticut recognizes holographic (handwritten) codicils if the signature and material provisions appear in the testator’s handwriting. To verify authenticity, gather handwriting samples and, if necessary, obtain expert examination.
Once you locate the original, file it with the probate court along with a death certificate and probate application. The court clerk will confirm the signatures and formalities before admitting the will to probate.
Helpful Hints
- Search mail and email for correspondence with attorneys or banks referencing estate plans.
- Ask family members if they recall where the decedent kept important papers.
- Keep a certified copy of the death certificate on hand when approaching financial institutions.
- If you can’t find an original, the court may admit a copy upon proof that the original was lost or destroyed.
- Consult the probate court clerk early if you encounter resistance from banks or other holders of safe-deposit boxes.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.