How to Avoid Probate in Connecticut

Non-probate options in Connecticut include: transfer-on-death (beneficiary form) registration of securities and brokerage accounts (Conn. Gen. Stat. §§ 45a-468 to 45a-468m); property held in a funded revocable trust (Conn. Gen. Stat. § 45a-499oo); joint ownership with right of survivorship and accounts with named beneficiaries, which pass outside probate; and the small estate affidavit procedure when solely owned personal property is $40,000 or less and there is no solely owned Connecticut real estate (Conn. Gen. Stat. § 45a-273). Connecticut has no transfer-on-death deed for real estate.

If the decedent's solely owned personal property (not counting property that passes outside probate, such as joint or beneficiary-designated assets) is worth $40,000 or less and the decedent owned no real estate in Connecticut in their sole name, the surviving spouse (or, if none, next of kin, or another person with a sufficient interest) can file an affidavit with the Probate Court for the district where the decedent lived instead of opening a full probate. The affidavit lists the assets, any state aid received, and the claims, expenses and taxes owed. The court sends a copy to the Department of Administrative Services and cannot issue its decree until 30 days later; the decree then authorizes asset holders to pay creditors and transfer assets to the people entitled to them.

Connecticut's statutes do not provide a transfer on death deed for real estate. Connecticut law allows transfer on death registration for securities and accounts. Common alternatives for real estate include joint ownership with right of survivorship and a living trust.