Disclaimer: This information is for educational purposes only and does not constitute legal advice.
Detailed Answer
When someone dies, locating and verifying any valid will or estate planning documents ensures the decedent’s wishes guide asset distribution. In Connecticut, no statewide registry holds all wills. You must combine personal searches with inquiries at the Probate Court to confirm if a decedent executed a valid will, trust, power of attorney or health care directive.
1. Search the Decedent’s Personal Records
Begin by examining the decedent’s home, office or safe deposit box. Common places include filing cabinets, desk drawers or a safety deposit box at a bank. Look for:
- Original signed wills or codicils
- Trust agreements
- Financial powers of attorney
- Health care directives
- Correspondence from estate planning attorneys
2. Contact the Decedent’s Attorney or Financial Advisor
Many individuals store estate planning documents with the attorney who drafted them. Call any solicitor or law firm that handled the decedent’s real estate, tax or business affairs. Ask whether they retain original wills or have knowledge of any executed documents.
3. Consult the Local Probate Court
Connecticut divides its probate system into districts. File a “Friendly Inquiry” with the Probate Court in the district where the decedent resided at death. The court clerk will search probate filings to see if anyone submitted a will for probate. Even if the court has not opened a formal estate file, the clerk can confirm whether a will is on record.
Connecticut General Statutes require that a will admitted to probate be in writing, signed by the decedent and witnessed by two individuals over age 18 (Conn. Gen. Stat. § 45a-251). Hyperlink: CGS § 45a-251.
4. Verify Formal Validity
Once you locate a will, confirm it meets Connecticut’s formal requirements:
- The document is written (typed or handwritten).
- The decedent signed at the document’s end.
- Two competent witnesses signed in the decedent’s presence.
- If the will is self-proved, it bears notarized affidavits from witnesses (see CGS § 45a-265).
5. Address Missing or Holographic Wills
If you cannot find a formal will, ask whether the decedent created a handwritten (holographic) will. Connecticut recognizes holographic wills if the decedent signed them and the material provisions appear in the decedent’s handwriting (Conn. Gen. Stat. § 45a-264). Link: CGS § 45a-264. You can present such a will for probate, but expect the court to require clear proof of authenticity.
Helpful Hints
- Organize a timeline of the decedent’s major life events; wills often update around marriages, births or big purchases.
- Check digital files: scans or emailed copies may hint at an attorney’s involvement.
- If you locate multiple documents, review dates carefully; courts probate the most recent valid will.
- Keep certified copies of any probate filings for future estate administration steps.
- Consult a probate attorney if you encounter disputes, missing witnesses or unusual estate planning tools.