Connecticut Probate Process

When a loved one dies, dealing with the tasks of probate is the last thing most people want to do. It is often daunting and difficult to spend time working through the immediate legal and financial steps that must be taken to secure and protect the deceased person’s assets, manage affairs, pay bills, and navigate the Connecticut Probate Court process. Learning about the probate process can help you assess the time and effort required, help you to avoid surprises, and have a better understanding of what needs to be done. Although no two people have the same journey through the probate process, many people often have similar questions. Here are very simple explanations of a few key terms to know:

• Administrator (Administratrix): if the decedent didn’t have a will, this is the name given to the person(s) appointed by the Probate Court who is responsible for managing the decedent’s estate. Administrators are also referred to as Fiduciaries.

• Decedent: the person who has died.

• Estate: all the “stuff” that the decedent owned (jewelry, clothing, furniture, pets, vehicles, bank accounts, investment accounts, real estate, etc.).

• Executor (Executrix): the person(s) named in the decedent’s Will and appointed by the Probate Court who is responsible for managing the decedent’s estate. Executors are also referred to as Fiduciaries.

• Intestate: when a person dies “intestate” it means that he/she died without a valid will, or without a valid will that completely disposes of all of his/her assets.

• Testate: when a person dies “testate” it means that he/she died with a valid will that completely disposes of all of his/her assets.

What is probate?

Probate is the legal process of administering an estate in the Probate Court after someone’s death. If the person who died (“decedent’) had a Will, probate involves the process of “proving” the Will to be a valid document and appointing the Executor (the person/people in charge of the decedent’s assets), who will manage the decedent’s assets, pay all expenses of the estate, and finally distribute the decedent’s assets based on the instructions contained in the decedent’s Will.

In Connecticut, if the decedent did not have a Will, the decedent is said to have died “intestate” and the Probate Court will appoint an “Administrator” to manage the decedent’s assets, pay all expenses of the estate, and distribute assets according to the Connecticut laws of Intestacy. This chart summarizes how assets are distributed if a decedent dies without a Will. Often, the Connecticut laws of Intestacy often differ from what someone would have wanted to have happened to their assets, so, to prevent the Connecticut laws of Intestacy from governing what happens to your assets, you should create a Will or Trust.

What is a Probate Court?

Probate Court is the local Court that oversees the administration of a decedent’s estate (among other matters). Probate Courts tend to be located within town or city buildings and have the appearance of a small office. In 2009 the Connecticut legislature required consolidation of many of the smaller Courts, effective as of January 1, 2011. There are fifty-four (54) Probate Courts in Connecticut. A decedent’s estate is opened in the Probate Court serving the town/city in which the decedent was a resident at the time of death. The Connecticut Probate Court website provides a list of every Connecticut Probate Court and the towns they service: www.ctprobate.gov .

Is probate required in Connecticut?

As described above, Connecticut law requires that anyone with custody of a decedent’s original Will submit the Will to the appropriate Probate Court. However, the process of fully probating the decedent’s estate may or may not be required. Whether full probate, a shorter probate process, or only filing the Connecticut Estate Tax Return is required depends on the assets the decedent owned at the time of death and how those assets were titled or owned. It is important to note that if the decedent owned real estate in his/her name then, at minimum, the Connecticut Estate Tax Return must be filed with the Probate Court; this is true even if the real estate is “joint with rights of survivorship” before the real estate can be transferred or sold. Note that CT706 or CT706NT is required to be filed within six (6) months after the decedent’s death.

How soon do you have to start probate?

Technically, Connecticut law requires that anyone with custody of a decedent’s original Will submit the Will to the appropriate Probate Court within thirty (30) days of the decedent’s death.

How long does probate take in Connecticut?

The time required to probate the decedent’s estate depends on a variety of factors, including, but not limited to: the complexity of people and assets involved, if there are disagreements amongst family members. If full probate of an estate is required, at minimum, the estate will be “open” with the Probate Court for 6 months, at minimum (estimated 30 days to get Executor appointed, the estate must be open for five (5) months during the “Notice to Creditor” period, and then additional documents must be filed after the Notice to Creditor period expires to close out the estate.

Where is the original will? What if I can’t find the original will?

Typically, original wills may be kept by the decedent in their home, in a safe, in a safe deposit box, or at the office of the Attorney who drafted the original will. Reasonable steps must be taken to locate the original will, such as looking through the decedent’s personal belongings, residence, filing cabinets and safes, safety deposit boxes (with permission from the Probate Court when necessary), and contacting the decedent’s known attorneys. Sometimes attorneys retain the original will, but some attorneys do not and may only be able to provide a copy. 

Producing the original will is important to demonstrate to the Probate Court that it has not been revoked, was properly executed, and has not been changed. If the original will cannot be located, a copy may be submitted to the Probate Court with an explanation of what attempts were made to find the original will. If the original will or any copies cannot be located then the estate would be opened as an “intestate estate.” 

Connecticut Probate Court forms

The Connecticut Probate Court requires that most of the information about a decedent’s estate be filed by using certain forms. This link will direct you to the Connecticut Probate Court Forms. Some forms have strict timelines by which they must be filed with the Probate Court.

When is the Executor of an estate appointed?

An Executor is a person (or people or an institution) named in a decedent’s will that the decedent selected to be in charge of his/her estate after his/her death. If the decedent had an estate that requires administration with the Probate Court and left a will naming an Executor, then, in most situations, the Executor will complete and file Probate Court Form PC-200 asking the Probate Court to approve the will and appoint the named Executor. The PC-200 is filed with the Probate Court in the Town/City where the decedent resided at the time of death. If none of the decedent’s beneficiaries (people listed in the Will) or heirs at law (people normally entitled to receive assets per state law) objects to the appointment of Executor then it is typical for the Executor to be appointed approximately thirty (30) to forty-five (45) days from the date the PC-200 is filed with the Probate Court. This period may be expedited in some circumstances.

When is the Administrator of an estate appointed?

If the decedent did not have a will, and the estate must be probated, a person who is interested in administering the decedent’s estate (such as a spouse, child, family member or friend) may file Probate Court Form PC-200 asking the Probate Court to appoint an Administrator. Form PC-200 is filed with the Probate Court in the Town/City where the decedent resided at the time of death. This document tells the Probate Court that the decedent did not have a will that named an Executor and therefore requesting an Administrator be appointed. If no one objects to the appointment of Administrator then it is typical for the Executor to be appointed approximately thirty (30) to forty-five (45) days from the date the PC-200 is filed with the Probate Court. This period may be expedited in some circumstances.

What shows proof of appointment of Executor of an estate?

The Executor (or Administrator) of an estate will be supplied with a Fiduciary Probate Certificate (called PC-450), a document from the Probate Court that will evidence that the Executor/Administrator is appointed as such for the estate. An Executor/Administrator may provide this Fiduciary Probate Court Certificate to any third-party requiring proof of Executor/Administrator. Some institutions (such as banks, life insurance companies, etc.) may require an original Fiduciary Probate Certificate; this is evidenced by the raised seal that can be felt when touching the document. Additional Fiduciary Probate Court Certificates can be ordered from the Probate Court (the Probate Court typically charges $5.00 per Certificate).

Who pays for the funeral?

Payment for funeral expenses are one of the priority expenses to be paid by an estate. Regardless of how the funeral expense is paid, it is important to obtain an invoice evidencing that the funeral expenses have been paid in full as that invoice must be provided to the Probate Court. Here are some ways that funeral expenses are typically paid for:

1. Pre-paid by the decedent. 

2. A life insurance policy that was owned by the decedent may be directed to pay a funeral home directly upon death. The funeral home will file the claim paperwork and collect their fee from the life insurance proceeds.

3. A spouse, family member, or friend may pay for the funeral expenses. If the person who pays for the funeral expenses wants to be reimbursed he/she/they should save a copy of the receipt to submit to the Executor/Administrator.

*Disclaimer: the information on this page is intended to provide general educational information about the Connecticut Probate Court process and frequently asked questions concerning the same, and is not intended as legal advice. You should consult with a probate attorney before relying on any of this information and seek advice specific to your circumstances. Reading this information or submitting an email does not create an attorney/client relationship.

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