Detailed Answer
When someone dies in Connecticut without a will, state law governs how their assets pass to heirs. If one of those heirs is a minor, the probate court must take extra steps to safeguard the inheritance until the child reaches adulthood. Below is an overview of the key procedures under Connecticut law.
1. Intestate Succession in Connecticut
Under Conn. Gen. Stat. § 45a-408, when a person dies intestate (without a will), their estate passes to heirs based on relationship. A minor child is entitled to their share just as an adult child would. You can read the statute here: 45a-408 Intestate Succession.
2. Appointment of a Guardian of the Estate
Because a minor cannot manage assets, the probate court appoints a guardian of the estate under Conn. Gen. Stat. § 45a-424. A parent often petitions for this role, but any interested adult may apply. The court reviews the petitioner’s fitness, examines the child’s needs and may impose a bond to ensure accountability (45a-428 Bond Requirement).
3. Inventory and Annual Accounting
After appointment, the guardian must file an inventory of the minor’s inheritance. Each year, the guardian submits an accounting to the court showing income, expenses and balances. The court may approve or challenge transactions to protect the child’s interest.
4. Use of the Uniform Transfers to Minors Act (UTMA) Custodianship
Connecticut has adopted a version of the Uniform Transfers to Minors Act (Conn. Gen. Stat. §§ 45a-307 to 45a-326). Donors or the probate court can transfer assets into a UTMA custodial account. A custodian manages the property until the minor turns 21 (or a younger age designated by the transferor). See 45a-317 Termination and Transfer of Custodianship.
5. Blocked or Restricted Accounts
Sometimes the court orders that funds be held in a blocked bank account requiring two signatures (guardian and co-guardian or court official) to release money. This measure prevents misuse of the inheritance and ensures funds are paid only for the child’s benefit.
6. Petition for Early Release or Modification
If the minor has a special need (education, medical care, disability), the guardian can petition for early or partial release of funds under Conn. Gen. Stat. § 45a-435. The court balances the child’s current needs against preserving the overall inheritance.
Helpful Hints
- Start the guardianship petition promptly. Delays can leave the minor without access to necessary support.
- Gather documentation: death certificate, birth certificate, heirship information and asset details.
- Consider UTMA custodianship when making or receiving gifts. It streamlines annual accounting.
- Keep detailed records of all transactions: date, amount, purpose and supporting receipts.
- Review court orders carefully before spending any funds to avoid reporting issues or removal.
- Consult a probate attorney if you expect disputes among potential heirs or complex assets.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. If you need guidance on a specific matter, consult a qualified probate or family law attorney in Connecticut.