Can I challenge a final accounting my sibling filed in my parent’s estate if I received no notice? — Connecticut FAQ
Detailed answer — what you can do under Connecticut law
Yes — if you did not receive required notice of a probate accounting or settlement, you still have options to challenge the accounting in Connecticut. Probate courts must give notice to interested persons before finalizing an estate administration or approving an account. When notice was not given, the court can reopen the matter, set aside approvals, or allow late objections so that interested persons can protect their rights.
Practical steps you should expect to take:
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Confirm the status of the estate file with the probate court.
Visit or contact the probate court that handled your parent’s estate. Ask for a certified copy of the final accounting, the docket entries, and any documents showing who was sent notice. Connecticut Probate Court clerks can provide file copies and tell you whether the account was approved and whether any objections were filed. See Connecticut Probate Court resources: Connecticut Judicial Branch — Probate.
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Determine whether you were an interested person entitled to notice.
“Interested persons” generally include heirs at law, beneficiaries under a will, named devisees, and sometimes creditors. If you are an heir or named beneficiary, you normally must be given notice before the court allows final distribution or approves an account. If the court record shows no notice to you, that is important evidence in support of reopening or setting aside the action.
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File an objection, motion to reopen, or appeal promptly.
Connecticut law and practice allow interested persons to object to accounts or to seek relief when proper notice was not given. Depending on how long ago the court approved the accounting, you may file a motion in the probate court asking the court to reopen the account or to set aside its approval because of lack of notice. If the time for direct appeal has not passed, you may also pursue an appeal to the Superior Court. Because deadlines and grounds vary by situation, act quickly.
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Explain the lack of notice and the relief you seek.
When you file, say exactly that you did not receive notice, attach evidence (affidavit of non-notice, addresses, communications), and tell the court what remedy you want (reopening the account, a new accounting, removal of the fiduciary, surcharge for improper transfers, etc.). The court will evaluate whether notice was required and whether failure to give notice affected the fairness of the accounting.
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Consider interim remedies if assets were distributed.
If the estate is already distributed, you might ask the court to surcharge (financially charge) the fiduciary for losses, to require recovery from beneficiaries who received improper distributions, or to appoint a special fiduciary to pursue recovery. The court’s willingness depends on timing, prejudice, and whether the fiduciary acted in good faith.
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Keep documentation and preserve evidence.
Get copies of account ledgers, receipts, bank statements, communications with the fiduciary, transfer documents, and any proof of your lack of notice (no mailed or emailed notice, wrong address used, etc.).
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Hire a probate attorney if the matter is contested or complex.
Probate procedure and remedies can be technical: statutes, local probate rules, and time limits apply. An experienced Connecticut probate lawyer can evaluate your status as an interested person, the likely deadlines, and the best remedy (motion to reopen in probate court, appeal to Superior Court, or filing a civil claim to recover assets).
Connecticut statutes and probate rules guide notice, accounting, and appeals. For background on probate court procedures, see Connecticut Judicial Branch — Probate (https://www.jud.ct.gov/probate/) and the Connecticut General Assembly’s probate statutes (Title 45a and related provisions): https://www.cga.ct.gov/current/pub/chap_815.htm.
Because statutory time limits and remedies vary depending on the facts (whether a will was probated, whether distributions were made, and exactly which approvals the court entered), you should act quickly. A prompt petition or motion increases the chance the court will reopen the file and allow you to be heard.
Common grounds to challenge an accounting in Connecticut
- No notice to an interested person entitled to notice
- Procedural defects: improper service, defective filings, missing signatures
- Fiduciary breach: self-dealing, undisclosed transactions, conflicts of interest
- Accounting errors: omitted assets, incorrect balances, miscoded withdrawals
- Fraud or forgery affecting the will or distributions
- Undue influence or incompetence at time of will execution
How to start — a short checklist
- Contact the probate court for the estate file and copies of the accounting and notice records.
- Prepare an affidavit stating you received no notice (dates, addresses, contacts).
- Gather documents showing your status as an interested person (family tree, will excerpts, beneficiary designations).
- File a timely motion in probate court to reopen, or a petition to set aside approval of the account; ask for a hearing.
- Consider mediation or negotiation with the fiduciary if appropriate; preserve statutory remedies while negotiating.
Helpful hints
- Act quickly. Probate courts impose short deadlines for appeals and objections. Delay can reduce your remedies.
- Visit the probate clerk in person if possible. Staff can point you to the correct forms and local deadlines.
- Be precise in your filings. State when and how you learned about the accounting and why you believe notice was required.
- Document all communications with the executor/administrator and the court. Keep copies of mailed items and emails.
- If the fiduciary is a sibling, avoid heated communications; put concerns in writing and through the court where possible.
- Consider a lawyer early if money, complex assets, or allegations of misconduct are involved. Contested probate matters can involve discovery and contested hearings.
- Use the Connecticut Judicial Branch probate pages to find local rules, forms, and court contact information: https://www.jud.ct.gov/probate/.
Where to get more information
Start with the probate court that handled the estate. For statutory background on probate procedure in Connecticut, see the Connecticut General Assembly’s probate statutes: https://www.cga.ct.gov/current/pub/chap_815.htm. For court-specific rules and contacts, see the Judicial Branch Probate page: https://www.jud.ct.gov/probate/.