How Probate Works in Connecticut

Main steps: (1) file the will and Petition/Administration or Probate of Will (PC-200) within 30 days of death; (2) the court appoints the executor or administrator, usually with a probate bond; (3) if there is real estate, record a Notice for Land Records/Appointment of Fiduciary (PC-251) in each town within two months; (4) file an inventory (PC-2407) within two months of appointment; (5) the court publishes notice to creditors within 14 days of appointment, and the fiduciary handles claims and files a Return of Claims (PC-237); (6) file the Connecticut estate tax return (CT-706 NT or CT-706/709) within six months of death; (7) file a final financial report or account, usually within 12 months of death; (8) distribute assets and file an affidavit of closing if the court requires one.

The small estate affidavit procedure (up to $40,000 in solely owned personal property and no solely owned Connecticut real estate) is the main simplified option. In a regular estate, the court may skip a hearing if everyone entitled to notice waives it, or use a 'streamline' notice that lets the court act unless someone asks for a hearing by a set date.

The Probate Court publishes newspaper notice to creditors within 14 days after the first fiduciary is appointed. A fiduciary who pays or distributes in good faith after 150 days from that appointment is not liable for claims presented later. The fiduciary may also send a creditor written notice setting a deadline at least 90 days away; a notified creditor who misses it is barred. In general, no claim may be presented or sued on more than two years after the date of death (or the earlier date the claim's own statute of limitations runs out).

The executor named in the will must apply to probate the will within 30 days after death. Without a will, the court appoints an administrator from those entitled to share in the estate, in this order: surviving spouse, children, grandchildren, parents, brothers and sisters, next of kin; or another suitable person if they refuse or cannot serve. A nonresident cannot take office until filing an acknowledged certificate appointing the probate judge as agent to receive legal papers. A probate bond is generally required, but the court may waive it if the will excuses bond, if it is not needed to protect interested parties, or (under court practice) if the estate is under $20,000 or all beneficiaries waive bond.

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.

Wills and estates are handled by Connecticut's Probate Courts, organized by probate district (the Probate Court's case lookup lists districts such as Hartford Probate Court, plus regional children's probate courts). The Probate Court's online Case Lookup covers decedent estate and trust matters from January 5, 2011 to the present; earlier records may be incomplete.