Detailed Answer: How to submit an affidavit accounting for personal property in a small estate case in Connecticut

Short answer (what this is): In Connecticut, an affidavit for collection of personal property (often called a small-estate affidavit) is a sworn statement used by a person entitled to a decedent’s personal property to collect that property from banks, employers, or other holders without opening full probate administration. The affidavit describes the decedent, identifies the claimant and the property, states the value and that no formal administration is pending, and is signed under oath and notarized. Requirements and whether you qualify depend on Connecticut probate practice and the holder’s policies; check your local probate court or the Connecticut Judicial Branch probate resources at https://www.jud.ct.gov/probate/.

What the affidavit does and when it is used

A small-estate affidavit lets certain heirs or beneficiaries obtain personal property (bank accounts, paycheck, household goods, personal effects) when the estate is small and no formal probate administrator has been appointed. It is commonly used when the property holder will release assets after seeing the sworn affidavit, a certified death certificate, and sometimes identification. The affidavit is not a substitute for administration if real property or large estate issues exist.

Who can sign the affidavit?

Typically the person entitled to receive the property signs the affidavit. That might be:

a surviving spouse or partner;
an individual named as beneficiary in a contract or account;
an heir-at-law claiming personal property under Connecticut intestacy rules if there is no will.

If multiple people share entitlement (for example, two joint heirs), the holder may require separate affidavits from each person or a single affidavit signed by all claimants.

Key contents of the affidavit (what you must include)

A valid affidavit should include all facts needed for the holder to be comfortable releasing property. Typical required information:

Full name of the decedent and any known aliases;
Date and place of death;
The affiant’s (person signing) name, address, and relationship to the decedent;
Statement that no administration or probate proceedings are pending in Connecticut (or elsewhere) concerning the decedent’s estate, or if one is pending, identifying the court and docket;
Description of the personal property claimed (account numbers, employer name, description of tangible items) and the approximate value of each item;
Statement that the value of property subject to the affidavit falls within the limits under which the holder will release assets without administration (confirm the holder’s threshold);
Declaration that the affiant is entitled to the property and will use it for the proper purposes (e.g., pay funeral expenses, personal debts, distribute to heirs as required);
A sworn statement under penalty of perjury and a notary acknowledgment with signature and date.

Documents commonly required with the affidavit

Certified or certified-copy death certificate;
A copy of the decedent’s will if one exists (or an affidavit of no will);
Identification for the affiant (government ID);
Account statements or documents showing the property to be collected (bank statement, pay stub, title, etc.);
If requested by the holder, additional proof of relationship (marriage certificate, birth certificate) or a court-issued document from probate.

Step-by-step: How to prepare and submit the affidavit (hypothetical example)

Hypothetical facts: Jane Doe died leaving a checking account at Bank A and some personal belongings. No probate has been opened. Her adult child, Sam, will try to collect the checking account funds using an affidavit.

Contact Bank A and ask about its requirements for releasing funds without probate. Ask whether the bank accepts a small-estate affidavit and what value limits apply.
Obtain a certified copy of Jane’s death certificate from the town clerk.
Prepare the affidavit stating Jane’s full name, date of death, Sam’s relationship, the account number and balance (approximate), and a statement that no probate is pending. Include a clause that the funds will be used appropriately and that Sam is entitled to them under the will or intestacy rules.
Sign the affidavit before a notary public. Attach the certified death certificate and a copy of Sam’s photo ID and the bank statement.
Deliver the affidavit packet to Bank A in person or by the method the bank accepts. Keep copies of everything.
If the bank refuses, request a written explanation. If needed, consult the local probate court for guidance or consider opening a short-form probate administration or asking the court for an order directing release of the property.

What holders (banks, employers, insurers) will check

Whether a probate estate or administration is already open;
The dollar value and type of property (many holders refuse to release large sums without probate);
Whether multiple people claim the same property;
Whether the affidavit is properly sworn and notarized and supported by a certified death certificate.

Potential complications and risks

If another person later opens probate and disputes entitlement, the affiant may have to return property or face liability for wrongful taking if the affidavit was false;
Creditors may still have claims against the decedent’s estate; collecting assets with an affidavit does not always clear creditor claims;
Holders have different policies — some will never release certain kinds of accounts (retirement accounts, jointly titled property, or assets with named beneficiaries); others require a court order.

When you should file in probate instead

Consider filing an administration or presenting the estate to probate if:

The estate includes real property or complex assets;
There are many creditors or likely disputes among heirs;
The total value of property exceeds holders’ thresholds or the estate is not eligible for affidavit collection under the holder’s policies.

Where to get forms and local guidance

Connecticut Probate Court resources and local probate court clerks can explain procedures and provide forms. Start at the Connecticut Judicial Branch Probate Courts page: https://www.jud.ct.gov/probate/. The Judicial Branch also maintains commonly used probate forms and instructions at https://www.jud.ct.gov/webforms/. If you are unsure whether the affidavit is appropriate or properly drafted, contact the clerk of the local probate court for guidance.

Liability and accuracy

Signing an affidavit is a sworn act. Knowingly making false statements can expose the affiant to civil liability and criminal penalties. Always be truthful about the existence of other claims, pending probate, and the value of the property.

When to consult an attorney

Talk to an attorney if:

Multiple people claim the property or there’s a dispute;
Large sums, real property, or complicated assets are involved;
You are unsure about the decedent’s debts or tax consequences;
A holder refuses to release assets despite a properly executed affidavit.

Helpful Hints

Contact the holder first to learn its exact affidavit requirements and any dollar limits.
Always include a certified death certificate and photo ID with the affidavit.
Keep originals of all documents; give only copies to the holder if asked.
Get the affidavit notarized and, when possible, signed in front of two witnesses if requested by the holder.
Ask the holder for a written receipt or confirmation when it releases funds or property.
If the holder refuses, request a written explanation and consider asking the probate court for a directive or filing a small administration petition.
When in doubt about eligibility or legal consequences, consult a probate attorney — a short consultation can prevent bigger problems later.

Disclaimer: This article explains general Connecticut procedures and is for educational purposes only. It is not legal advice. For advice tailored to your situation, contact a licensed Connecticut attorney or your local probate court.