Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney for advice on your specific situation.
Detailed Answer
1. Determine the Proper Court
In Connecticut, subpoenas for estate records are issued by the probate court overseeing the decedent’s estate. Identify the probate district where the estate is administered.
2. Prepare a Written Application
Under Conn. Gen. Stat. § 45a-86, you must file a written request with the judge of probate. Your application should include:
- Your name and contact information.
- The estate’s docket number and name of the decedent.
- A detailed description of the records you seek.
- The reason the records are relevant to your role (e.g., beneficiary, creditor).
See the full statute here: Conn. Gen. Stat. § 45a-86.
3. Obtain the Subpoena Duces Tecum
Once the judge approves your application, the court will issue a subpoena duces tecum. This document commands a person or entity to produce designated records under oath.
4. Serve the Subpoena
Serve the subpoena according to Connecticut practice: by a state marshal, deputy, or other authorized server. Proper service generally requires:
- Personal delivery to the custodian of records.
- Proof of service filed with the probate court before the return date.
5. Review and Use the Records
On the return date, the custodian must present the requested documents. Review them promptly. You may use the records to verify assets, contest distributions, or support a claim against the estate.
6. Enforce Compliance if Needed
If the custodian fails to comply, you can ask the probate court to hold them in contempt or compel compliance. Provide proof of service and the original subpoena in your motion.
Helpful Hints
- Confirm the probate district early to avoid venue issues.
- Be specific in describing documents—broad requests may be denied.
- Serve subpoenas at least one week before the return date.
- Keep copies of all filings and proof of service.
- Consult an attorney if the custodian objects or moves to quash the subpoena.