Small Estate Affidavit in Connecticut
How to collect a loved one's property in Connecticut without full probate: the dollar limit, waiting period and official form.
Short answer: 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… Conn. Gen. Stat. § 45a-273
| Small estate affidavit | 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. The Probate Court form is the Affidavit in Lieu of Probate of Will/Administration, PC-212. Source: Conn. Gen. Stat. § 45a-273 |
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| Simplified probate | 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. |
| Deadline for creditor claims | 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). |
Official forms
More Connecticut estate law
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FAQ
What is the small estate limit in Connecticut?
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.
Is there a simplified probate process in Connecticut?
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.
How long do creditors have to file claims against an estate in Connecticut?
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).
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.