Detailed Answer

When a decedent’s real property sells under Connecticut probate, heirs must sign specific written authorizations before a fiduciary can direct distribution of sale proceeds. These authorizations satisfy two legal requirements: approval of the sale and release of claims to distributed funds.

1. Consent or Court Approval for Sale

Under Connecticut law, a personal representative (executor or administrator) needs either court approval or written consent from all distributees to sell real estate. If heirs agree, they sign a written assent instead of petitioning the court.

• Statute: Conn. Gen. Stat. §45a-255 requires court permission for sale unless every distributee signs a consent in writing. View §45a-255.
• Form: Connecticut Probate Court Form PC-159 (Consent of Heirs to Sale of Real Estate) or a custom-written assent signed by each heir. It must identify the property, state the sale price or terms, and expressly consent to sale without further court order.

2. Receipt and Release for Distribution of Proceeds

After closing, the fiduciary holds sale proceeds in the estate account. To distribute funds, each heir signs a receipt and release to confirm payment and waive any further claim.

• Statute: While Connecticut statutes do not prescribe a mandatory form for disbursement receipts, probate custom uses a standardized Receipt and Release form. This ensures clear acknowledgment of funds received and finalizes the fiduciary’s duty.
• Form: Connecticut Probate Court Form PC-163 (Receipt and Release). It identifies the heir, specifies the amount received, and releases the fiduciary from liability for that distribution.

3. Additional Documents

• Letters Testamentary or Administration: Issued by the probate court, these letters authorize the fiduciary to act. Heirs do not sign them but must receive copies.
• Heirship Affidavit (if needed): Used when the probate estate is small or property passes outside probate. It formally identifies legal heirs.

How the Process Works

1. Fiduciary obtains Letters Testamentary or Administration from the probate court.
2. Heirs review sale terms and sign Form PC-159 (Consent of Heirs to Sale of Real Estate), per §45a-255.
3. Property sells, and funds deposit in estate account.
4. Fiduciary calculates each heir’s share.
5. Heirs sign Form PC-163 (Receipt and Release) to acknowledge distribution.
6. Fiduciary distributes funds and files final accounting with the probate court if required.

Helpful Hints

• Review all probate court forms on the Connecticut Judicial Branch website before signing.
• Ensure every heir signs identical consent forms to avoid delays.
• Use clear language: identify property, sale price, distributive shares, and dates.
• Keep original signed forms in the estate file and provide copies to heirs.
• Consult with the probate court clerk if you encounter unfamiliar terms or procedures.