Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
Appointment of a Fiduciary
In Connecticut probate, the court must first appoint a personal representative—known as an executor (with a will) or an administrator (without a will). The fiduciary receives Letters Testamentary or Letters of Administration. Only after appointment may the fiduciary notify creditors.
Notice to Known or Reasonably Ascertainable Creditors
Conn. Gen. Stat. §45a-218 requires the fiduciary to send written notice by first-class mail or certified mail to each creditor whose name and address are known or can be reasonably discovered. The notice must:
- State the probate estate name and case number.
- Specify the deadline for filing claims (four months from first publication).
- Include the fiduciary’s name and address for claim submission.
See Conn. Gen. Stat. §45a-218.
Notice by Publication to Unknown Creditors
If a creditor’s identity or address is unknown, the fiduciary must publish notice in a newspaper with general circulation in the decedent’s last residence under Conn. Gen. Stat. §45a-219. Requirements include:
- Publication once a week for two successive weeks.
- Notice text stating the probate docket number, fiduciary’s contact, and bar date.
- Bar date set at four months after first publication.
See Conn. Gen. Stat. §45a-219.
Filing Deadlines and Bar Dates
Under Conn. Gen. Stat. §45a-247, creditors must present claims within four months of the first publication date to avoid being barred. Exceptions exist for certain governmental claims (e.g., federal or state agencies).
See Conn. Gen. Stat. §45a-247.
Special Considerations for Medical Debt Collectors
Medical debt collectors are treated like other unsecured creditors. They must file a claim within the four-month window and can receive notice by mail (if known) or by publication (if unknown). Failure to meet notice or filing requirements generally bars recovery against estate assets.
Helpful Hints
- Compile a comprehensive creditor list immediately after appointment.
- Use certified mail with return receipt for known creditors to prove service.
- Confirm your chosen newspaper meets publication requirements in the decedent’s locale.
- Track publication dates carefully to calculate the exact bar date.
- Keep copies of notices, affidavits of publication, and mailing receipts in the probate file.
- Consult an attorney promptly if a creditor challenges notice or asserts late claims.