Administrator: An administrator of an estate is an individual appointed by the Probate Court to manage the estate of a decedent and complete the probate process.

Beneficiaries: a person named in a Will, Trust, or other legal document to receive property.

Decedent: A person who has died.

Executor: An executor of an estate is an individual named in a will to administer the estate of a decedent. The executor must be officially appointed by the probate court. The executor’s job is to file the will with the Probate Court, carry out the instructions of the will and manage the estate and the probate process.

Heir or Heir-at-law: a person who is legally entitled to receive property from a deceased person because of his/her blood relation to the decedent.

Intestate: A person is said to have died “intestate” if he/she did not leave a legally valid will, or, if his/her will did not direct the distribution of all of his/her probate assets.

Last Will and Testament: Commonly referred to as a “will”, a written document that if legally executed legally disposes of a decedent’s assets after death.

Testate: A person is said to have died testate if he/she left a legally valid will that disposes of all of his/her probate assets.

Assets can be categorized as “probate property” and “non-probate property”.

Probate assets are assets that are solely owned by a decedent with no designated beneficiary.

Probate assets must pass through the probate process in order for ownership to be legally transferred to the intended beneficiary or heir-at-law. A will names the beneficiaries who should receive the probate assets. If there is no will, the Connecticut state laws of intestacy direct which heirs-at-law get the probate assets.

Examples of probate assets include:

• Solely owned assets such as bank accounts, investment accounts, real estate, stocks, or bonds.

• Assets without designated beneficiaries, or those that designate “The Estate” as the beneficiary.

Assets can be categorized as “probate assets” and “non-probate assets”.

Non-probate assets do not need to pass through the probate process in order for ownership to be legally transferred. Legal ownership is transferred automatically by virtue of the joint ownership nature or contract. The Probate Court is not involved in overseeing the distribution of non-probate assets to the new legal owner(s). The assets therefore can be transferred to that joint owner or beneficiary without having to go through the probate process.

Examples of non-probate assets include:

• Real estate owned joint with rights of survivorship. *Note that probate is needed to clear legal title to Connecticut real estate even if the real estate is owned jointly or in a Trust.

• Jointly owned bank accounts and investment accounts

• Retirement assets with designated beneficiaries

• Life insurance with designated beneficiaries

• Accounts that name a Transfer on Death beneficiary (TOD) or Payable on Death beneficiary (POD)

Legally, a person in possession of a decedent’s will is required to file the will with the appropriate Probate Court within thirty (30) days of a decedent’s death.

It is important to note that there are certain deadlines that must be adhered to throughout the probate process and, if not met, some deadlines may result in additional fees.

Probate is the term describing the legal process of transferring probate assets to the intended beneficiaries (if there is a Will) and/or heirs at law (if there is no Will, or an incomplete Will). When someone dies, his/her estate typically has to “go through” the probate process in order to clear title to assets and/or transfer those assets to the intended new owners.

Generally, it takes at minimum six months to probate an estate after it has been opened. This is due to the fact that once an executor or administrator of an estate is appointed, and proper notice is given in a newspaper, creditors have 150 days to present claims against the estate. However, we find that “simple” estates are open for at least eight months to one year.

The length of time that it actually takes to complete the probate process depends on many factors. Some factors that can extend the probate process include:

The interested parties of the estate. If the beneficiaries and/or heirs-at-law are disagreeing over matters or contesting issues then probate will take longer, especially if litigation is involved.

The assets of the estate. If the decedent owned assets that are complex in nature and difficult to value, sell, or dispose of, then probate may take longer.

If the estate is involved in litigation. If the estate is involved in a litigation matter that the decedent was involved in during life, or is brought by the estate representative after death, or, if there is a wrongful death lawsuit, the estate needs to stay open until the conclusion of the lawsuit.

There are fifty-four (54) Probate Districts and six (6) Regional Children’s Probate Courts in the state of Connecticut. The Connecticut Probate Courts oversee the administration of a decedent’s estate after death to ensure that an executor or administrator is appointed to be responsible for the decedent’s estate, that the decedent’s assets are properly managed and distributed, and that all required expenses and creditors are paid. Here is some general information about Connecticut Probate Courts: 

Some towns/cities have their own Probate Court while other Probate Courts may be shared by two or more towns. 

The Probate Court’s jurisdiction over a decedent’s estate depends on where the decedent resided at the time of his or her death. For example, the estate of a decedent who resided in Orange, Connecticut, would be administered in the Orange/Milford Probate Court. The estate of a decedent who resided in Branford, Connecticut would be administered in the Branford/North Branford Probate Court. 

Each Probate Court uses the same Probate Court Forms which can be found online at http://www.ctprobate.gov/

While the Connecticut Probate Court Forms are easily accessible online and the staff of the Connecticut Probate Courts are often friendly and helpful, the staff cannot provide legal advice on how to properly complete the probate forms. Therefore, it is often beneficial to consult with a Connecticut probate attorney who is familiar with the Connecticut probate process to ensure that the forms are completed correctly and submitted in a timely manner.

Probate is the term describing the legal process of transferring probate assets to the intended beneficiaries (if there is a Will) and/or heirs at law (if there is no Will, or an incomplete Will). When someone dies, his/her estate typically has to “go through” the probate process in order to clear title to assets and/or transfer those assets to the intended new owners. This is especially true if the decedent owned real property (even if jointly with another person or in a Revocable Trust).

The probate process is the Probate Court’s supervision of the estate to make sure that the decedent’s assets are appropriately identified, managed, and distributed and required debts are paid.

Every probate experience is unique, but for most, the general process includes:

Filing documents with the appropriate Probate Court to “open” probate.

Identifying, locating, and notifying beneficiaries and/or heirs of the estate (interested parties) that the estate is being probated.

Providing interested parties with the opportunity to contest a Will or the proposed Executor/Administrator.

The Probate Court appointing an Executor (if there is a valid Will, or an Administrator if there is no valid Will) who will be responsible for the estate.

Identifying, securing, valuing and managing all estate assets.

Providing notice to creditors so that creditors can bring timely claims against the estate.

Reviewing and paying creditor claims in whole or in part or denying claims and defending the position of denial.

Managing and selling assets, such as real estate, vehicles, stocks, bonds, etc.

Reporting to the Probate Court throughout the process using required probate court forms.

Timely paying the required statutory probate court fee, and, if applicable, paying any federal or state gift and estate taxes due.

Transferring assets to beneficiaries or heirs-at-law.

Notifying the probate court that the estate has been appropriately administered, all debts have been paid and assets distributed and the estate can be officially closed.

Connecticut has very specific requirements that must be met for a will to be deemed a valid and legally binding will when submitted to the Probate Court after death. The basic requirements for a Connecticut will include: 

Testator: the will must be signed by a “testator” or “testatrix” - the name given to a person intending to create the will. 

Age: the testator must be at least 18 years of age or older.

Mental capacity: the testator must be of sound mind and memory. Simply put, this means that the testator understands the nature of his/her assets and clearly understands his/her intentions of the future distribution of assets. 

Signature: the will must be signed by the testator.

Witnesses: the testator must sign the will in the presence of two (2) witnesses who thereafter sign the will as witnesses in the presence of each other. 

It is often helpful to include contact information for each witness near each witness signature. 

Writing: a will must be in writing. 

A will may be handwritten, typed, or printed. A handwritten will need not be entirely handwritten by the testator. 

Beneficiaries: a will must dispose of the testator’s assets to at least one or more beneficiaries. A beneficiary is a person, institution, charity, pet, etc. who will receive the testator’s assets. 

One of the most important and largest assets of a decedent’s estate is typically real estate, often the residential home. While a decedent’s will directs what should happen to the real estate, a very specific legal process must be followed to accomplish the decedent’s wishes and legally transfer the real estate.

If the decedent left a valid will, the executor appointed by the Probate Court will have the legal authority to transfer the real estate to the intended beneficiary/ies or to sell the real estate to a third party. The legal document utilized to accomplish the transfer is called an “executor’s deed”. To be legally valid, an executor’s deed must include:

The name of the executor and stating their authority to act as executor of the decedent’s estate

The name of the beneficiary/ies of the real estate, or, the name of the purchaser of the real estate

Statement that the real estate is being transferred in accordance with a legally valid will

Executor’s signature

Signatures of two witnesses

Either the signature of a notary public or a commissioner of the Superior Court (attorney)

Date that the real estate is being transferred and date that the document is being signed by all parties.

The legal description of the real property, often included either within the executor’s deed or as a “Schedule A” attachment

It is strongly recommended that the executor consult with a real estate attorney to properly execute an executor’s deed and ensure that the legal requirements are sufficiently met. Additionally, the real estate attorney can assist with the proper recording of the executor’s deed on the appropriate land records.

An executor (executrix if female), is the person (people, or institution) named in a decedent’s will that the decedent selected to be in charge of managing the decedent’s estate after his/her death The executor’s job is to file the will with the Probate Court, carry out the instructions of the will, and manage and distribute the assets of the estate.

If a decedent does not leave a valid will, or if the will does not name an executor that is alive, mentally capable, and willing to do the job, the Probate Court will appoint an administrator to manage the estate. The administrator has the same responsibilities as the executor.

Having been named “executor” in a will doesn’t automatically entitle a person/people to that position. Only a Probate Court Judge can officially appoint an Executor of a will once the will is deemed valid and admitted to probate.

Once appointed, the executor is responsible for filing probate court forms to start the estate administration process with the probate court.

The Probate Court will provide an executor with a Fiduciary Probate Certificate, called PC-450, which is used to prove the executor’s position as such and authority to act on behalf of the estate.

Depending on the decedent’s record keeping and communication, it may be very easy or very difficult to find assets that the decedent owned at the time of death. Common ways to discover assets include:

• referencing a decedent’s memorandum (if the decedent left one)

• communicating with the decedent’s attorney, financial advisor, accountant, or other trusted advisors

• asking family members or friends

• the executor will have authority to receive the decedent’s mail which may give indication to assets that are owned or debts that are due

When real estate is owned by an estate it is the executor’s job to immediately secure the real estate. If the real estate is vacant the executor must make sure it is securely locked and other safety and maintenance measures are taken. For example, keeping doors closed and locked, making sure smoke and carbon monoxide detectors are installed and working, safeguarding the contents of the property, and checking on the property regularly or hiring a maintenance company to manage the property.

Once appointed, the executor should immediately contact the homeowner’s insurance company and update the homeowner’s insurance policy to list the estate as the owner of the real estate.

One of the most important and largest assets of a decedent’s estate is typically real estate, often the residential home. While a decedent’s will directs what should happen to the real estate, a very specific legal process must be followed to accomplish the decedent’s wishes and legally transfer the real estate.

If the decedent left a valid will, the executor appointed by the Probate Court will have the legal authority to transfer the real estate to the intended beneficiary/ies or to sell the real estate to a third party. The legal document utilized to accomplish the transfer is called an “executor’s deed”. To be legally valid, an executor’s deed must include:

The name of the executor and stating their authority to act as executor of the decedent’s estate

The name of the beneficiary/ies of the real estate, or, the name of the purchaser of the real estate

Statement that the real estate is being transferred in accordance with a legally valid will

Executor’s signature

Signatures of two witnesses

Either the signature of a notary public or a commissioner of the Superior Court (attorney)

Date that the real estate is being transferred and date that the document is being signed by all parties.

The legal description of the real property, often included either within the executor’s deed or as a “Schedule A” attachment

It is strongly recommended that the executor consult with a probate and/or real attorney to properly execute an executor’s deed and ensure that the legal requirements are sufficiently met. Additionally, the real estate attorney can assist with the proper recording of the executor’s deed on the appropriate land records.

Once appointed, the executor should secure the car or other vehicle to be certain that it is not driven or used by anyone. The executor should contact and update the insurance company.

The executor should take steps to timely transfer the car or other vehicle.

If the decedent completed the beneficiary information on the back of the registration the executor can follow instructions to transfer the car/vehicle to the intended beneficiary.

If the decedent did not complete the beneficiary information then documents from the probate court will be required to assist with the transfer of ownership.

A Trustee may sell or transfer real estate without a Probate Judge’s approval if the Trust specifically grants the Trustee the authority to sell or transfer real estate. However, even if the Trustee is authorized to sell or transfer real estate, the Trustee may first need to clear title to the real estate by filing certain forms with the Probate Court.

A “Living Trust” is legally known as a Revocable Inter-Vivos Trust (“Revocable Trust”). It frequently is advertised as a legal tool that allows you to efficiently manage assets while you are alive and enables your loved ones to avoid probate after your death. The claim that a Living Trust avoids probate is only partially true. Assets that are properly owned by a Living Trust can be managed and eventually distributed to beneficiaries without the oversight of the Probate Court, but, that doesn’t mean that Probate can be avoided completely.

In Connecticut, if a decedent (deceased person) established an estate plan that included a properly funded Living Trust, and if that decedent died having no probate assets then the decedent’s estate may not need to go through a full probate estate administration process.  

However, if the decedent’s Living Trust owned real estate at the time of his/her death, even though the real estate was legally titled in the name of a Living Trust, certain steps must be taken with the appropriate Probate Court in Connecticut to clear title to the real property. Although a full estate administration in the Probate Court may not be required, the estate tax form, Form CT706 or CT706-NT, must be filed, even if a Connecticut estate tax is not due. After filing the appropriate form with the appropriate Probate Court, the Connecticut Statutory Probate Court Fee must be paid. Once the Connecticut Statutory Probate Court fee is paid in full the Probate Court will issue a Certificate Releasing Connecticut Estate Tax Liens for the real property which must be recorded on the land records in the Town or City in which the real property is located.  Once the Certificate Releasing Connecticut Estate Tax Liens is filed on the land records the Trustee of a Living Trust may then transfer the real property to named beneficiaries in the Trust, or, may sell the real estate to a third party, depending upon what the Living Trust instructs the Trustee to do. 

A Living Trust is a legal document that is created by a Grantor/Settlor that appoints a Trustee to manage property for the benefit of one or more beneficiaries.

A Living Will is a legal document that instructs preferences for medical treatment and end-of-life decision-making while a person is alive but unable to communicate his/her wishes. A Living Will is no longer valid once a person dies.