Detailed Answer: How “probate in common form” works under Connecticut law

Short answer: Connecticut does not commonly use the precise phrase “probate in common form” as a separate statutory procedure. What most people mean by that phrase is the informal, non‑contested admission of a will and appointment of a personal representative by a Connecticut Probate Court without a full formal hearing. The practical effect is the same: the court admits the will, issues letters to the executor (or administrator), and the estate moves forward without the delays and formalities of a contested proceeding.

Connecticut’s Probate Courts handle the admission of wills, the appointment of fiduciaries (executors or administrators), and estate administration. The basic informal path generally looks like this:

• File the original will and a sworn petition or application with the Probate Court for the district where the decedent lived.
• Provide the decedent’s death certificate and any required affidavits or supporting documents.
• The court reviews the papers. If there is no apparent problem and no timely contest, the court admits the will and issues “letters testamentary” (for an executor) or “letters of administration” (where no valid will exists or the will does not name a fiduciary).
• The appointed fiduciary collects assets, notifies creditors, pays debts and taxes, and distributes the estate according to the will (or according to intestacy rules if there is no will).

Key distinctions between an informal (common‑form) probate and a formal probate or contested proceeding:

• Contests and hearings: Informal admits proceed without a contested hearing. If an interested person contests the will or the appointment, the matter may move to a formal probate hearing before the Probate Court.
• Timing: Informal admissions are usually faster because the court acts on the written filing and routine review rather than on a full evidentiary hearing.
• Costs and procedure: Informal proceedings are usually less expensive and less procedural, but the appointed fiduciary still has statutory duties such as inventory, notices, and accounting required by Connecticut law and local Probate Court rules.
• Protections: Informal does not eliminate the right of an interested party to later object or petition the court to reopen or review the probate if fraud, undue influence, lack of testamentary capacity, or other problems are alleged.

Where to find the governing rules and local practice: Connecticut’s Probate Courts publish procedures and forms on the Judicial Branch website, and probate matters are governed by state statutes in the Title that covers probate. For general information and court locations / forms, see the Connecticut Judicial Branch — Probate Courts: https://www.jud.ct.gov/probate/. For statutes addressing the powers and duties of probate courts and fiduciaries, see Connecticut’s laws governing probate (Title 45a and related chapters): Connecticut General Statutes, Probate Courts (Title 45a).

Hypothetical example: Maria, a Connecticut resident, dies leaving a typed will naming her friend Tom as executor. Maria’s family files the original will, a death certificate, and a short petition with the local Probate Court. Nobody contests the will. The court admits the will (informally), issues letters testamentary to Tom, and he is authorized to collect assets and carry out Maria’s directions. If a sibling later claims Maria lacked capacity or that the signature was forged, the sibling may file a contest and the court would then treat the matter as a formal contested probate.

Helpful Hints

• Locate the original will immediately. Probate courts normally require the original document to admit a will.
• Bring a certified death certificate when you file. The Probate Court will need proof of death to open an estate file.
• Check whether an informal admission is appropriate. If there is no dispute and the will and signatures appear regular, an informal (common‑form) admission is usually faster and less costly.
• Understand your deadlines. Creditors’ notice periods and filing requirements vary; follow the Probate Court’s instructions and local rules.
• Know what letters mean. “Letters testamentary” or “letters of administration” are the court’s formal authorization for a fiduciary to act for the estate (bank access, transfer of assets, etc.).
• Be prepared to provide inventories and accountings. Connecticut law requires fiduciaries to file inventories and, in many cases, periodic or final accountings with the Probate Court.
• Consider a small‑estate alternative. Connecticut offers simplified procedures for small or limited transfers in some situations; check the Probate Court website or ask the clerk if a simplified route applies.
• Get help if parties object. If someone alleges fraud, undue influence, or incapacity, hire an attorney experienced in Connecticut probate to protect your rights and navigate formal proceedings.
• Use official forms and local guidance. Probate Court clerks can explain filing steps and provide local forms, but they cannot give legal advice.

Where to get further information and next steps

Start at the Connecticut Judicial Branch Probate Courts page for local rules, contact information, and basic forms: https://www.jud.ct.gov/probate/. For statutory authority and detailed provisions on probate court powers and fiduciary duties, see Connecticut’s probate statutes: https://www.cga.ct.gov/current/pub/chap_815.htm.

If you expect a contest, complex assets, tax issues, or disputes between heirs, consult a lawyer who practices probate/estate law in Connecticut. An attorney can explain whether informal admission is appropriate and represent a party in a formal contest or accounting.