About this practice area
Probate is the court process that settles a person's estate after death. In Connecticut, the probate court for the district where the person lived oversees it: the court admits the will, appoints the executor or administrator, and supervises paying the debts and distributing what is left.
We have practiced in New Haven since 1956, and our office is on Crown Street. Our experienced attorneys represent executors and administrators settling Connecticut estates through the local probate courts, and help with the other steps an estate may need along the way.
The first weeks after a death
- Find the original will. Whoever has it must promptly deliver it to the executor it names or to the probate court. The executor then has 30 days after the death to apply to the probate court for the district where the person lived.
- Order several certified copies of the death certificate. The probate court will ask for one, and so will every bank and insurer you deal with.
- Apart from the funeral, hold off on paying bills or giving away property. Being named executor does not by itself let you spend or distribute estate money; that comes with the court's appointment. Debts are also paid in an order the law sets.
- Secure the house, the car and any valuables. Keep the insurance on them in force while the estate is open.
- List what the person owned and owed. Note how each item was titled and whether it names a beneficiary. That list shows what has to go through probate.
Not every estate needs full administration
Some property goes straight to the named person without the court supervising the transfer: accounts and policies with a named beneficiary, property owned jointly with a right of survivorship, and payable-on-death accounts. Property held in a trust usually passes under the trust's own terms.
When the person owned no real estate in Connecticut in their own name, and their solely owned personal property is worth $40,000 or less, Connecticut allows a shorter procedure. The surviving spouse can file an affidavit with the probate court instead of opening a full estate. If there is no spouse, the next of kin or another eligible person can file it. Property that passes outside probate does not count toward that limit.
The executor's job runs from appointment to final account
The court appoints the executor named in the will, or an administrator, and issues a certificate showing that person's authority. Banks and other institutions usually ask for it before they release anything.
The executor then gathers the property and files an inventory with the court. The court publishes a notice telling creditors to present their claims to the executor. Debts, taxes and the costs of settling the estate are generally paid before the beneficiaries receive their shares.
Most estates owe no Connecticut estate tax, but the estate of a Connecticut resident generally still has to file a return. Our article on Connecticut estate tax and probate filings explains when.
At the end, the executor accounts for what came into the estate and what went out, distributes what is left, and asks the court to close the estate.
Without a will, intestacy law decides who inherits
An estate without a will still goes through the probate court. If it needs full administration, the court appoints an administrator, often a close family member, to do the work an executor would. Connecticut's intestacy statutes decide who inherits property in the probate estate. Our article on who inherits without a will in Connecticut explains the shares.
Probate court fees follow the value of the estate
The probate court charges its own fees to settle an estate, separate from any lawyer's fee. Connecticut sets them by statute, based on the largest of several measures of the estate's value, including the inventory filed with the court and the estate's value for state estate tax purposes. That value can include property that passes outside probate, and the part that passes to a surviving spouse counts at half.
What to bring
- The original will, if you have it, and any codicils (later amendments).
- A certified copy of the death certificate.
- A list of what the person owned and owed, with recent statements if you have them.
- Names and addresses of the surviving spouse, children and anyone named in the will.
- Any letters you have already received from the probate court.
What happens when you call
When you call, tell us who died, whether there is a will, and where things stand with the probate court. If you are not sure about any of that, we can help you work out the next step, and we will set up a time to meet. If you are planning your own estate, see our wills and estate planning page.
Call us at 203-865-3123, or use our contact form.
