Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
In Connecticut, you must open a probate or small estate proceeding whenever someone dies owning assets that require transfer. If no probate case exists, follow these steps:
- Determine the estate type and value. Identify whether the decedent left a valid will (testate) or died intestate (no will). Total the value of personal property. If it does not exceed $40,000 and excludes real estate, you may use a small estate affidavit under Conn. Gen. Stat. §45a-338.
- Identify the proper probate district. File in the district where the decedent resided at death. Locate your court at the Connecticut Probate Courts website.
- Gather required documents. Obtain a certified death certificate. If a will exists, secure the original document.
- Choose the correct petition.
- Testate estates: File a Petition for Probate of Will under Conn. Gen. Stat. §45a-250.
- Intestate estates: File a Petition for Administration under Conn. Gen. Stat. §45a-251.
- Prepare and file the petition. Complete court forms. Attach the death certificate, original will (if any), and a list of heirs or beneficiaries. Submit the forms and pay filing fees.
- Appointment of fiduciary and bond. The court will appoint an executor named in the will or an administrator for intestate estates. Unless waived, the fiduciary must post a probate bond per Conn. Gen. Stat. §45a-252.
- Notice and hearing. The court mails or publishes notice to interested parties. A hearing may follow under Conn. Gen. Stat. §45a-268 to confirm the appointment and the will’s validity (if applicable).
- Letters of appointment and inventory. Once approved, the court issues Letters Testamentary or Administration. The fiduciary must file a detailed inventory of estate assets and handle creditor claims.
- Small estate affidavit. If qualified under §45a-338, eligible persons file an affidavit and receive assets directly without formal probate. This process runs entirely in writing and avoids court hearings.
Helpful Hints
- Contact the local probate court clerk early to confirm district rules and fees.
- Keep a detailed list of all estate assets, even those with minimal value.
- Inform heirs and beneficiaries promptly to reduce objections and delays.
- Consider hiring a probate attorney if the estate has complex assets or creditor claims.
- File the small estate affidavit only when personal property totals less than $40,000 and no real estate exists.
- Maintain copies of all filings, notices and bonds for your records.