Detailed Answer
Under Connecticut law, a personal representative (also called an executor or administrator) must take specific steps to include real property in a decedent’s probate estate so that proceeds can be used to pay valid claims. The process generally involves appointment, inventory, court approval for sale, and distribution.
1. Probate the Will or Seek Administration
The first step is filing a petition in the Probate Court in the district where the decedent resided. If there’s a valid will, the petitioner requests probate and issuance of Letters Testamentary. Without a will, the court issues Letters of Administration to an appointed fiduciary. See C.G.S. § 45a-274 (sec. 45a-274).
2. File Inventory and Appraisal
Within four months of appointment, the fiduciary must file an inventory listing all estate assets, including real property, along with an appraisal of fair market value. This ensures transparency and establishes the basis for any sale. See C.G.S. § 45a-287 (sec. 45a-287).
3. Petition for License to Sell Real Property
To convert real estate into cash for paying debts, the fiduciary petitions the Probate Court for a “license to sell real estate to pay debts and for distribution.” The petition should describe the property, state the reasons for sale (e.g., insufficient cash in estate), and propose sale terms. See C.G.S. § 45a-365 (sec. 45a-365).
4. Court Approval and Notice
After reviewing the petition, the court may grant a license under specified conditions, such as securing a fiduciary bond or setting minimum bids. The fiduciary must publish notice of the proposed sale as ordered and send notices to any known creditors and heirs.
5. Conduct the Sale and Return to Court
Once licensed, the fiduciary sells the property—usually at public auction or private sale subject to court-approved terms. After sale, the fiduciary files a return of sale detailing the sale price, expenses, and net proceeds.
6. Pay Claims and Distribute Remaining Proceeds
The fiduciary uses sale proceeds to pay valid creditor claims in the order required by law. If any funds remain, the fiduciary distributes them to beneficiaries under the will or, if intestate, per the order outlined in C.G.S. § 45a-302 (sec. 45a-302).
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified Connecticut probate attorney for guidance specific to your situation.
Helpful Hints
- Track statutory deadlines closely to avoid court sanctions or personal liability.
- Obtain at least one independent real estate appraisal to support proposed sale price.
- Consider engaging a local probate attorney to navigate complex filings and hearings.
- Maintain detailed records of notices, publications, and sale documents.
- Review creditor claims promptly; unpaid claims can result in personal liability for the fiduciary.