Detailed Answer
To seek appointment as the personal representative for a decedent’s estate in Connecticut, you must use the state probate system. The process and the court’s priorities are set by Connecticut probate law (Title 45a). Below are the practical steps, legal principles, and documents you will need so you can decide whether to file an application and what to expect.
Who can be appointed?
Connecticut probate courts give priority to the person named in the decedent’s will (often called an executor). If there is no will, or the named person cannot or will not serve, the court appoints an administrator from the decedent’s next-of-kin according to statutory priority (spouse, adult children, parents, siblings, other relatives). The probate court will follow Connecticut probate statutes in Title 45a when deciding appointment and priority: Conn. Gen. Stat., Title 45a (Probate).
Step-by-step: What to do
-
Locate the original will (if any).
If the decedent left a will and named you to serve, bring the original will when you go to the probate court. The person named in the will commonly has priority for appointment.
-
Find the correct probate court.
File your application at the probate court for the district where the decedent lived at death. Connecticut Probate Court information and contact points are available from the Connecticut Judicial Branch: Connecticut Probate Courts.
-
Prepare documents for filing.
Typical items the court will require:
- Certified death certificate
- Original will (if one exists)
- Completed application or petition for appointment (the court provides forms)
- A list of potential heirs and their contact information
- Inventory of known estate assets and liabilities (bank accounts, real property, debts)
- Proof of your identity
-
File the petition with the probate court.
When you file, the court will open an estate file, set a hearing or matter date if required, and send notice to interested persons. Fees may apply. If multiple people seek appointment, the court will adjudicate priority.
-
Bond and oath.
The court will require the appointed fiduciary to take an oath. The court often requires a surety bond to protect estate creditors and beneficiaries; a will can sometimes waive the bond requirement if it expressly does so for the named fiduciary. The probate court has authority to require or waive bonds under Connecticut probate law (see Title 45a).
-
Receive letters of appointment.
After appointment, the court issues documents (letters testamentary or letters of administration) that prove your authority to collect estate assets, pay bills, and distribute property according to the will or Connecticut law if there is no will.
-
Fulfill fiduciary duties.
As a personal representative you must inventory assets, notify creditors, manage estate property prudently, file required accountings with probate court, and distribute assets only after claims are dealt with according to law. The court supervises these duties.
Timing and notice
There is no fixed short deadline to file for appointment, but acts like transferring property or closing accounts often require prompt action. The court will provide notice to interested persons and allow opportunities for objections. If someone objects to your appointment, the court will hold a proceeding to resolve the dispute.
Where to find statutes, forms, and local rules
Connecticut’s probate statutes and rules that govern appointment and administration are in Title 45a of the Connecticut General Statutes: https://www.cga.ct.gov/current/title_45a.htm. For practical filing steps and local probate court contacts, consult the Connecticut Judicial Branch probate pages: https://www.jud.ct.gov/probate/. The probate court can provide the exact forms and explain local procedures.
Common complications
- Contested appointment—other heirs or a different named fiduciary may object.
- Bond requirements—if you cannot obtain a surety bond, the court may refuse appointment or require additional protections.
- Missing assets or unknown creditors—these make administration more complex and may require notice and accounting steps.
- Out-of-state assets—probate may be required in other states for property located outside Connecticut.
Disclaimer: This content is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Connecticut attorney or your local probate court.
Helpful Hints
- Before filing, call the probate court to confirm required forms, fees, and whether you need an appointment or hearing.
- Bring the original will whenever possible. Probate courts usually require the original document.
- Get several certified copies of the death certificate—banks and government agencies will request them.
- If a will names you but waives bond, bring the specific will language that waives bond to the court.
- Prepare a basic inventory of assets before filing—knowing bank names, account types, and real property addresses speeds the process.
- If other potential personal representatives exist, consider contacting them to avoid contested proceedings; the court prefers uncontested appointments when possible.
- Keep clear records and receipts; the probate court requires accountings and you will be accountable to heirs and creditors.
- If the estate seems complex (real estate, business interests, tax issues, or litigation), consult an attorney experienced in Connecticut probate law for guidance.