Detailed Answer
When someone dies in Connecticut, the Probate Court appoints a personal representative to manage and distribute the decedent’s estate. If the decedent left a will, the court typically appoints the person named as executor. If there’s no will (intestate), Connecticut law sets a strict priority list of who may serve.
Statutory Priority Under Connecticut Law
Connecticut General Statutes § 45a-255 establishes the order of preference for appointing an administrator when there’s no will. The order is:
- Surviving spouse
- Children
- Parents
- Siblings
- Grandchildren or nephews/nieces
- Other kindred in the next degree
Because a mother-in-law is a relative by marriage, she is not listed among the first six categories of preferred persons. Read the full statute here: C.G.S. § 45a-255.
When a Mother-in-Law May Serve
Even if you are not in a preferred category, you can still petition the court under C.G.S. § 45a-256 for appointment as a special administrator or administrator. The court may appoint any suitable person if:
- No one in the priority list is willing or able to serve.
- All preferred persons renounce or are disqualified.
- The will names you as executor.
See the discretionary appointment provision here: C.G.S. § 45a-256.
How to Petition the Probate Court
- File a Petition for Probate in the district where the decedent lived.
- List your relationship (mother-in-law) and why preferred heirs cannot serve.
- Provide notice to all interested parties.
- Attend a court hearing, if scheduled, and demonstrate your suitability.
- Obtain Letters of Administration or Letters Testamentary once approved.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Check the will first to see if you were named executor.
- Contact the Probate Court clerk early to understand local filing fees and forms.
- Gather all potential beneficiaries’ contact information for required notices.
- Consider obtaining a surety bond, which the court may require of non-preferred administrators.
- Keep detailed records of all estate transactions to simplify court reporting.