Detailed Answer
When a Connecticut resident dies, the personal representative (executor or administrator) must manage creditor claims under Conn. Gen. Stat. §45a-362. The representative collects assets, notifies creditors, evaluates claims, and distributes assets according to statutory priorities.
1. Appointment and Duties of the Personal Representative
After probate court issues letters to a personal representative, that person inventories the estate, secures assets, and handles all creditor claims promptly.
2. Notifying Creditors
Conn. Gen. Stat. §45a-362 requires sending written notice to known creditors within 60 days of appointment and publishing notice in a local newspaper. Under Conn. Gen. Stat. §45a-362a, creditors then have four months from the date letters issue (or 90 days after mailing notice) to submit claims to the probate court.
3. Evaluating and Classifying Claims
Creditors file proofs of claim on court-approved forms. The representative reviews each submission and either allows or contests it. Common claim categories include:
- Administrative expenses (court costs, attorney fees)
- Funeral expenses up to $7,500 (Conn. Gen. Stat. §45a-247)
- Family allowances and support obligations
- State and federal taxes
- Secured debts (mortgages, liens)
- General unsecured debts
4. Allowing or Disputing Claims
If a claim is valid, the representative marks it as allowed. To dispute, the representative files an objection and may request a hearing in probate court.
5. Paying Claims in Priority Order
Connecticut law mandates payment in this sequence:
- Administrative expenses
- Funeral expenses and family allowances
- Taxes
- Secured creditors (up to the collateral value)
- General unsecured creditors
If estate assets are insufficient, creditors in the same class receive prorated distributions.
6. Closing the Estate
Once all valid claims and expenses are settled, the representative petitions the probate court for discharge and final distribution to heirs or beneficiaries.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Helpful Hints
- Keep detailed records of all notices, claims, and service proofs.
- Track filing deadlines to avoid missing claim dates.
- Communicate clearly with creditors to resolve disputes early.
- Use probate court–approved forms when filing or contesting claims.
- Consider consulting a probate attorney for complex estates or contested claims.