Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Detailed Answer
Proper venue refers to the correct probate district for opening or transferring a decedent’s estate in Connecticut. Venue rules ensure the court with jurisdiction handles the case. Below we outline the main factors under Connecticut General Statutes (CGS).
1. Estate of a Resident Decedent
Under CGS 45a-151, you must open the estate in the probate district where the decedent was domiciled at death. “Domicile” means the true, fixed, permanent home to which the person intended to return. View statute.
2. Estate of a Nonresident Decedent
For a decedent who was not domiciled in Connecticut, CGS 45a-152 requires opening the estate in the district where any real property is located. If the decedent owned real estate in multiple districts, you may select the district where the principal asset lies. View statute.
3. Transfer Within Connecticut
If a case is improperly filed in the wrong district, CGS 45a-153 allows transferring venue to the correct district. The probate court clerk can issue an order moving the file once you show the proper venue under Sections 45a-151 or 45a-152. View statute.
4. Ancillary Administration for Out-of-State Estates
If a nonresident decedent’s primary probate occurs outside Connecticut but they held Connecticut assets, CGS 45a-151a provides for ancillary administration in the district where the property lies. This process limits the estate to local assets. View statute.
Helpful Hints
- Review the decedent’s will and determine their last known address to establish domicile.
- Check property deeds to locate real estate assets.
- Contact the probate court clerk’s office to confirm district boundaries.
- File a motion under CGS 45a-153 promptly if you realize the venue is incorrect.
- Gather supporting documents (lease agreements, tax filings) to prove domicile or property location.