Transferring an Out-of-State Property Interest in Connecticut When All Heirs Agree
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.
Detailed Answer
When a Connecticut decedent owned real estate in another state, you usually must open an ancillary probate proceeding there under Connecticut General Statutes §45a-215 (Ancillary Administration). Some states, however, allow a streamlined transfer when the estate’s value is under a statutory threshold and all heirs agree. If you qualify, you may avoid formal ancillary probate by following the property-state’s summary process. Below are the general steps:
- Identify the Property Jurisdiction: Determine the state where the real estate is located. Each state has its own probate and summary disposition statutes.
- Review the Foreign State’s Summary Procedures: Locate the small estate or affidavit-of-heirship rules. For example, Georgia permits an Affidavit of Heirship for non-probate transfer.
- Gather Connecticut Probate Documents: Obtain certified copies of:
- Death certificate
- Letters testamentary or administration from the Connecticut probate court under CGS §45a-215
- Prepare and Sign the Affidavit: Draft the affidavit or declaration required by the foreign state. Include:
- Names of all heirs
- Legal description of the property
- Statement of no pending disputes
Sign before a notary public as required by the property state’s law.
- Record the Affidavit: File the affidavit with the county recorder or clerk where the property sits. Pay any recording fees.
- Obtain Certified Title Update: After recording, request a title update or new deed from the local land records office to show the heirs as owners.
- Maintain Records: Keep copies of all recordings and affidavits in your Connecticut probate file.
- If Summary Procedures Do Not Apply: If the foreign state does not offer a small estate affidavit or the estate exceeds the threshold, you must open a formal ancillary probate in that state.
Helpful Hints
- Confirm thresholds: Small estate limits vary by state—verify current dollar amounts.
- Use statutory links: Access the foreign state’s website for official forms and instructions.
- Communicate early: Coordinate with all heirs before drafting affidavits to prevent delays.
- Retain professionals: Consider a local attorney or title company in the property’s state for recording nuances.
- Track deadlines: Some states impose filing deadlines after the decedent’s death.