How to Obtain and Submit an Original Will During Probate Administration in CT | Connecticut Probate | FastCounsel
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How to Obtain and Submit an Original Will During Probate Administration in CT

Detailed Answer

When someone passes away in Connecticut, their original will must be located and filed with the Probate Court in the district where the decedent lived. Proper handling of the original or a filed copy ensures the estate proceeds through probate smoothly. Below is an overview of Connecticut law and a step-by-step guide.

1. Locating the Original Will

  • Check with the decedent’s attorney or law firm. Many lawyers keep original wills in their client files or in a safe deposit box.
  • Search the decedent’s personal papers, safe deposit box or home safe. Wills often carry labels such as “Last Will and Testament.”
  • Contact the Probate Court where the decedent previously conducted business. Some individuals lodge wills for safekeeping under Conn. Gen. Stat. §45a-146.

2. Obtaining a Filed Copy

If the original is lost but a copy was officially filed, you may request a certified copy from the Probate Court records. In Connecticut, most courts charge a small fee per page or per certified copy. Provide:

  • The decedent’s full name and date of death.
  • The probate file number, if known.
  • A completed records request form (available on the court’s website).

3. Submitting the Original Will for Probate

Connecticut law requires the original will to be presented to the Probate Court within 30 days of the date the executor or interested party learns of the decedent’s death. See Conn. Gen. Stat. §45a-254. Follow these steps:

  1. Prepare a probate application form. Obtain it from the Probate Court clerk or download from the Connecticut Judicial Branch website.
  2. Attach the original will. Do not staple or bind; use a paper clip so the clerk can inspect signatures.
  3. Submit the application, original will, and filing fee to the Probate Court in the proper district.
  4. Serve notice to heirs and beneficiaries. The court will instruct you on notice requirements and publication.

4. After Submission

Once the will is filed, the Probate Court clerk stamps it “Filed” and assigns a docket number. The court schedules a hearing or grants probate of the will. Keep copies of all court-stamped documents in your estate file.

Helpful Hints

  • Begin your search immediately. Locating the original will early prevents probate delays.
  • Keep a clear chain of custody. Record who handled the original will and when.
  • Confirm filing deadlines. Missing the 30-day window under §45a-254 can lead to penalties or challenges.
  • Consider certified mail or personal delivery. Ensure there is proof the court received the original will.
  • Maintain backups. Keep scanned copies for reference, but rely on the court-stamped original for legal purposes.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.