Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your unique situation.
Detailed Answer
Discovering an original will decades after its execution raises evidentiary and procedural questions. Under Connecticut law, you must first verify the document’s validity and then navigate the probate process. Below is a step-by-step guide.
1. Locating and Verifying the Will
Search probate filings. Contact the Probate Court in the decedent’s last residence to check if the will was ever deposited or filed. Probate courts in Connecticut maintain wills under C.G.S. § 45a-274 (Admission of Wills). If the will is not on record, examine family records, safety deposit boxes and attorney files.
2. Authenticating the Will’s Execution
Connecticut law requires proof of due execution for any will. If you have the original, present it with a certificate of acknowledgment or notarial record. For a copy or when the original is missing, follow the lost-will procedure under C.G.S. § 45a-275 (Proof of Lost or Destroyed Wills):
- Provide a credible witness who saw the decedent sign or can attest to the will’s contents.
- Offer secondary evidence such as copies of the will, drafts or correspondence referencing key provisions.
3. Filing a Probate Petition
File a petition for probate with the appropriate Connecticut Probate Court. Use Judicial Branch form JD-PC-28 to petition for admission of a will. Attach the original or best available copy and supporting affidavits or witness statements. Under C.G.S. § 45a-274, the clerk may schedule a hearing.
4. Notifying Interested Parties
After filing, the court will issue notices to heirs, beneficiaries and the public. Notice requirements follow C.G.S. § 45a-286 (Notice of Probate Proceedings). A formal hearing usually occurs 15–20 days after notice to allow objections.
5. Probate Hearing and Admission
At the hearing, present all evidence supporting authenticity. Objecting parties may cross-examine witnesses. If the court finds the will valid under C.G.S. § 45a-274 and § 45a-275, it issues an order admitting the will to probate and appoints a fiduciary (executor) under C.G.S. § 45a-304 (Appointment of Fiduciary).
Helpful Hints
- Begin with a records search at the local Probate Court before assuming the will is entirely lost.
- Gather multiple witnesses if the original is missing; courts look for consistent testimony.
- Compile any supporting documents—drafts, letters or emails that reference the will.
- Respond promptly to all court notices and file deadlines to avoid procedural delays.
- Consider consulting a probate attorney early to navigate evidentiary requirements.