How to Qualify as Administrator of a Sibling’s Estate in Connecticut (Intestate) | Connecticut Probate | FastCounsel
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How to Qualify as Administrator of a Sibling’s Estate in Connecticut (Intestate)

Can I become the administrator of my sibling’s estate in Connecticut if they died without a will?

Short answer: Possibly. Connecticut probate courts appoint an administrator (a personal representative) when someone dies intestate (without a will). Whether you qualify depends on who else survives the decedent and the probate court’s rules. Read on for the typical order of priority, the steps to apply, required documents, and practical tips.

Detailed answer — how appointment works in Connecticut

When a person dies without a valid will, the Connecticut Probate Court named for the decedent’s residence handles estate administration. The court appoints an administrator (sometimes called an administrator or conservator of the estate) to gather assets, pay debts and taxes, and distribute what remains to heirs under Connecticut law.

Who has priority to serve?

Connecticut gives preference to certain persons to be appointed as the estate’s fiduciary. In practice the order of priority is:

  • Surviving spouse (if any)
  • Children of the decedent
  • Parents
  • Siblings
  • Other next of kin (more distant relatives)

If a person higher in priority is available and willing, they typically are appointed. Siblings commonly qualify only when there is no surviving spouse, no descendants (children or grandchildren), and no surviving parents.

What the probate court will ask for

To seek appointment as administrator you will usually file a petition at the probate court in the district where the decedent lived. Typical items the court will require include:

  • Certified copy of the decedent’s death certificate.
  • Petition or application for appointment of fiduciary (probate form).
  • Basic estate information: known assets, approximate value, and known creditors.
  • A list of next of kin and their contact information (heirs).
  • Proof you are entitled to serve (e.g., demonstrating higher-priority relatives are not available or have declined).
  • Bond or a waiver of bond. The court often requires an administrator to post a bond to protect the estate unless beneficiaries with priority agree to waive bond.
  • Filing fees (amounts vary by case and district).

Common procedural points

  • If multiple people at the same priority level want the appointment (for example, two siblings), the court will consider their applications and may hold a short hearing to decide who is best suited.
  • If the decedent nominated an executor in a will but the will is not admitted (for example, lost or invalid), the court will sort out priorities under law and may appoint an administrator instead.
  • The probate judge has discretion to appoint a neutral third party (such as a public fiduciary or bonding company nominee) if family members cannot agree or are unsuitable.

Administrator duties and obligations

Once appointed you must perform fiduciary duties: inventory assets, secure property, pay valid debts and taxes, provide notice to creditors if required, file required accountings with the probate court, and distribute remaining assets to heirs according to Connecticut intestacy rules. You must act in the best interest of the estate and beneficiaries. Failure to follow fiduciary duties can result in removal or liability to the estate.

Where to file and where to find forms

File your petition with the probate court in the district where the decedent was domiciled. The Connecticut Judicial Branch provides probate court information and many commonly used forms and guides on its website: https://www.jud.ct.gov/probate/. For general statute text and legislative guidance, use the Connecticut General Assembly website: https://www.cga.ct.gov/.

Typical timeline and costs

Timeline depends on case complexity. Simple estates (few assets, no disputes) can move in weeks to a few months. Estates with many creditors, disputes among heirs, or complex assets can take a year or more. Expect filing fees, possible bond premiums, and costs for estate accounting, appraisals, and attorney help if you hire counsel.

What if a sibling nominates you but a spouse or child exists?

If a surviving spouse or child exists, they generally have superior right to serve. You can still ask the court to consider you if the higher-priority person is unavailable, incompetent, conflicts exist, or the court finds good reason. The judge will evaluate fitness and the statutory order of appointment.

When to get legal help

Consider consulting a probate attorney if:

  • Family members disagree about who should serve.
  • The estate appears insolvent or has complex assets (real estate, business interests, retirement plans).
  • There are potential creditor claims or tax issues.
  • You are unfamiliar with fiduciary responsibilities or prefer guidance through filings and accountings.

Even when you qualify, a brief consultation can help you understand bond requirements, paperwork, and timelines.

Helpful Hints

  • Start at the probate court website for your district: it lists forms, local rules, filing fees and contact details. See: Connecticut Probate Court (jud.ct.gov).
  • Gather basic documents before you file: death certificate, any known bank statements, deed or title information, and contact info for heirs.
  • Ask heirs to sign a written waiver of bond if they are willing; a signed waiver can avoid the expense of a court bond.
  • If you and other siblings plan to work together, put the agreement in writing (who will serve, who will assist) to reduce conflict and speed court approval.
  • Keep careful records and receipts for all estate transactions — you will need them for the court accounting.
  • If you think another relative has a stronger claim (for example, a surviving spouse or child), talk to the probate clerk before filing to avoid delays or contested hearings.
  • Consider a short consultation with a probate attorney to review your petition and fiduciary duties — that can prevent costly mistakes.

Important disclaimer

This article explains general Connecticut probate practice for educational purposes only. It is not legal advice, does not create an attorney-client relationship, and laws can change. For advice about a specific situation, contact the probate court in the decedent’s district or a licensed Connecticut 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.