Probate

Administrator - A person named by the Probate Court to settle the estate of a decedent who dies without a will.

Beneficiary - A person named in a will to receive a share of the decedent’s estate.

Codicil - An amendment to a will.

Conservator - A person appointed by the Probate Court to supervise the affairs of another person who is incapable of managing his or her affairs or caring for himself or herself.

Decedent - A person who has died and whose estate is the subject of a probate proceeding.

Domicile - A person’s primary and permanent place of residence.

Executor - A person named in a will to settle an estate.

Fiduciary - A general term for one who manages the property or arranges for the personal care of another. Examples include an executor, administrator, trustee, guardian and conservator.

Guardian - A person appointed by the Probate Court to manage the property or care of a minor child or an adult with intellectual disability.

Heir - A person entitled to receive a share of the estate if the decedent died without a will.

Intestate - The estate of a decedent who died without a will.

Personal Property - All property not classified as real property. Personal property includes bank accounts, shares of corporate stock, bonds, automobiles, household furnishings and personal effects.

Probate Bond - A guarantee by a third party insurance company to reimburse the estate for financial losses resulting from a fiduciary’s breach of his or her duties.

Real Property - Land and buildings, including a condominium unit.

Testate - The estate of a decedent who died with a will.

Trust - An arrangement under which one party holds and manages assets for the benefit of another according to written instructions contained in a will or trust agreement.

Will - A written declaration of a person’s instructions for the distribution of his or her property after death, executed in accordance with specific legal procedures.

Step 1: File the will and Petition/Administration or Probate of Will, within 30 days

A petition for administration or probate of will (PC-200) should be submitted to the Probate Court within 30 days of the decedent's death. It should be accompanied by the original will and codicils, if any, and a copy of the death certificate. The petition must contain the names and addresses of all heirs (the decedent's closest relatives) and beneficiaries (those parties who are named to receive assets under the will). The petitioner must send copies of the petition and will to each person listed on the petition and certify that the copies were sent.

Step 2: Take possession of the decedent’s property

The first responsibility of the fiduciary is to gather the assets of the estate and place them under his or her control. For example, the fiduciary should transfer any bank accounts from the decedent's name into an estate account. Stock certificates need not be registered in the name of the estate, although the transfer agents should be notified and instructed to send dividends in care of the fiduciary. Utility companies need to be notified of the decedent's death, and accounts that will remain open should be transferred to the estate. Any dwellings, seasonal homes, etc. should be secured, protected from the elements and insured. The fiduciary must keep the estate's income, assets and expenses completely separate from his or her own

Step 3: If the decedent owned real estate, record Notice for Land Records/ Appointment of Fiduciary, within 2 months of appointment as fiduciary

The fiduciary must record a Notice for Land Records/Appointment of Fiduciary form (PC-251) with the town clerk in each town in Connecticut where real estate owned by the decedent is located. The form is obtained from the court.

Step 4: File Inventory, PC-2407, within two months of appointment as fiduciary

Step 4: File Inventory, PC-2407, within two months of appointment as fiduciary. The fiduciary must file an inventory of the estate with the Probate Court within two months of appointment as fiduciary. In general, the inventory should list any property the decedent owned in his or her name, including real estate, bank accounts, stocks and bonds, motor vehicles, household furnishings and personal effects. It should include life insurance policies only if payable to the decedent's estate. The inventory should not include property held in such a way that it passes outside of probate, such as by joint survivorship or beneficiary designation or property held in a trust. All property must be valued on the inventory at its fair market value at the time of death. It is the responsibility of the fiduciary to determine these values through inquiry and his or her own experience. The value of real estate may be determined in one of several ways, including: (1) A written appraisal; (2) A comparative market analysis by a real estate agent; (3) The assessed value from the local tax assessor, adjusted to reflect 100 percent of the fair market value; or (4) The actual sale price obtained in an arm’s-length transaction within six months following the decedent’s death.

Step 5: Obtain cash for estate administration as needed

The fiduciary should anticipate the cash needs of the estate to pay for administration expenses, taxes, claims and bequests. He or she has the authority to convert into cash any personal property not specifically bequeathed but must obtain permission from the Probate Court to sell, mortgage or otherwise convey real estate, unless specifically authorized to do so under the terms of the will. When personal property is to be sold, the fiduciary (if the fiduciary is not named in the will as executor or is not a family member) must send a copy of the inventory to all interested parties, with a notice of intent to sell. The parties have the right to object to the sale within five (5) days of the receipt of the notice. (The court may waive this requirement if an expeditious sale is necessary.) The court will hold a hearing to determine the advisability of the requested sale. If parties interested in the estate do not want certain assets sold, cash may be advanced to the estate to pay estate obligations.

Step 6: Follow statutory procedures for the payment of claims against the estate, and file Return of Claims and List of Notified Creditors, PC-237, at the required time

“Claims” refer to debts incurred during the decedent’s lifetime and unpaid at the time of death. It is the fiduciary’s responsibility to determine the validity of any claims presented to him or her. Within 14 days after the fiduciary's appointment, the Probate Court will place a newspaper notice informing the estate's creditors of the decedent's death, the creditors’ obligations to present their claims promptly, the fiduciary's name and the address where claims are to be presented. Creditors generally have at least 150 days to present their claims to the fiduciary. Please note that the 150-day period does not preclude later presentation of a claim. The period may be reduced using an optional procedure by which the fiduciary sends certified mail notice to any creditors informing them that they must present their claim by a specified date that is at least 90 days from the date of the notice and that their failure to do so will result in their claim being barred.

Step 7: File tax returns and pay applicable taxes

The Connecticut estate tax is imposed upon the transfer of property by reason of an individual’s death. A Connecticut estate tax return must be filed for each decedent who was a Connecticut resident as well as non-residents who died owning real or tangible personal property located in Connecticut. A Connecticut estate tax return is required for every decedent’s estate, whether or not tax is due. The return must report all property, real and personal (tangible and intangible), wherever located. The executor or administrator is responsible for filing the necessary tax returns and paying taxes in connection with the estate. If there is no executor or administrator, then a person in actual or constructive possession of any property of the decedent must file.

Step 8: File final financial report or account, usually within 12 months of the decedent’s death

Every executor or administrator must file a financial report or account with the court when the administration of the estate is complete or when the executor or administrator seeks to resign or is removed by the court.

Step 9: Distribute assets to beneficiaries

A final financial report or account must report all distributions made to heirs or beneficiaries, as well as distributions that are proposed to be made. When the court approves the final financial report or account, it will order the fiduciary to distribute the remaining assets of the estate according to the approved distribution.

Step 10: File Affidavit of Closing of Estate, PC-213

The affidavit of closing is used to report receipts and disbursements that occur after the filing of the final financial report or account, as well as the disposition of any reserve shown on the financial report or account. If the court directs the fiduciary to file an affidavit of closing, he or she should file it within 30 days following the distribution of all assets. For all practical purposes, the filing of the affidavit is the executor or administrator's final act as fiduciary.

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