Detailed Answer
When you administer an estate in Connecticut, you must gather critical documents—wills, deeds, account statements—from banks, brokerages or other institutions. If an institution refuses to cooperate, Connecticut law offers several enforcement tools.
1. Start with a Formal Request
First, send a written demand with these attachments:
- Letters testamentary or administration issued by the Probate Court
- Copy of the decedent’s death certificate
- Identification of the documents you seek (e.g., original will, account records)
Many institutions respond once they see your legal authority.
2. Safe-Deposit Box and Bank Accounts
Under Conn. Gen. Stat. § 45a-289(c) (https://www.cga.ct.gov/current/section/CGS%2045a-289.htm), a fiduciary may file a written request for access to a safe-deposit box or account records. If the bank still refuses, you can petition the Probate Court for an order compelling production.
3. Probate Citation or Subpoena Duces Tecum
File a petition in probate and request a citation under Conn. Gen. Stat. § 45a-140 (https://www.cga.ct.gov/current/section/CGS%2045a-140.htm). The court can direct the institution to appear and produce documents. Alternatively, use a subpoena duces tecum via Conn. Gen. Stat. § 45a-144 (https://www.cga.ct.gov/current/section/CGS%2045a-144.htm) to require document production.
4. Lost or Destroyed Documents
If original papers (like a will or stock certificate) are lost, file a probate petition for admission of a copy under Conn. Gen. Stat. § 45a-250 (lost wills) (https://www.cga.ct.gov/current/section/CGS%2045a-250.htm) or an affidavit under Conn. Gen. Stat. § 47-35 (lost deeds) (https://www.cga.ct.gov/current/section/CGS%2047-35.htm). The court may require secondary evidence or indemnity before admitting copies.
5. Contempt Proceedings and Sanctions
If an institution ignores a court order, petition to hold it in contempt. The Probate Court can impose fines or other sanctions until the institution complies.
Disclaimer: This article provides general information only. It is not legal advice. Always consult a qualified attorney before taking legal action.
Helpful Hints
- Document all communications in writing and keep certified mail receipts.
- Engage counsel early to draft precise petitions and subpoenas.
- Check local probate rules—counties may vary on filing procedures.
- Be prepared to offer indemnity bonds when submitting copies of lost documents.
- Track statutory deadlines for admission of foreign wills or other out-of-state papers.