Detailed answer
Short overview: If someone (for example, a sibling) has asked the Connecticut probate court for letters of administration to manage an intestate estate, an interested person may formally oppose that appointment. The usual process is to obtain the probate file, file a written objection or appearance, request a hearing, and present evidence showing why the proposed administrator is not qualified or why appointment would be improper. Probate disputes follow Connecticut probate court practice under Title 45a of the Connecticut General Statutes and the rules of the Probate Court and Judicial Branch.
Key legal sources: Connecticut law governing probate courts and administration is in Title 45a of the Connecticut General Statutes: https://www.cga.ct.gov/current/title_45a.htm. For court forms, procedures, and local probate office contacts, see the Connecticut Judicial Branch probate pages: https://www.jud.ct.gov/probate/.
Step-by-step process
- Confirm the filing and get the file copy. Visit or contact the probate court where the application was filed. Ask for a copy of the application/petition for letters of administration and any hearing notice. The file will show who filed, the proposed fiduciary, and any scheduled hearing.
- Determine your status as an interested person. An interested person generally includes heirs, beneficiaries, creditors, or others with a legal interest in the estate. If you are an heir or a potential beneficiary under intestacy rules, you have standing to object.
- Act quickly and file an appearance or written objection. Probate practice requires prompt action. File a written appearance or objection with the same probate court. Your filing should identify you, state that you oppose the appointment, and briefly state the grounds for your objection. Ask the clerk to schedule a hearing if one is not already scheduled.
- State specific legal grounds. General objections are less effective than specific ones. Common grounds include: lack of legal qualification (e.g., not competent to serve), conflicts of interest, prior misconduct, felony convictions involving dishonesty (if relevant under the statute or court rules), evidence of undue influence in connection with estate matters, failure or refusal to post bond (where required), or the existence of a valid will (which would change the proceeding). Be specific about facts and attach copies of any documents you have.
- Serve all interested parties. Make sure the court and other interested persons (including your sibling and their attorney, if any) receive copies of your objection and any supporting documents in the manner required by the court rules. Keep proof of service.
- Prepare for the hearing. Gather documentary evidence (records, correspondence, medical records if relevant, bank records, prior court orders) and witness statements. Prepare to explain why the proposed administrator should not receive letters and what remedy you seek (denial of appointment, appointment of another person, requirement that the proposed administrator post bond, or appointment of a temporary fiduciary).
- Attend the hearing and present your case. Bring originals and copies of all exhibits, a concise timeline or statement of facts, and witnesses. The probate judge will consider evidence, hear argument, and decide whether to issue letters to the proposed administrator.
- Post-decision options. If the court issues letters despite your objection, you may have a right to appeal the probate decision to the Superior Court or to seek other relief. Appeals and post-judgment motions follow strict timelines and procedural rules, so check the court’s guidance and consider legal help. See Title 45a for the probate framework: https://www.cga.ct.gov/current/title_45a.htm.
Practical evidence and legal points to emphasize
- Proof of interested status (birth certificates, family tree, prior court filings).
- Documents showing the proposed administrator’s conduct (financial mismanagement, prior complaints, criminal records if relevant and admissible).
- Contracts, wills, or declarations that show the decedent’s intent (if a will exists, the matter may be a probate of a will rather than administration).
- Evidence of unsuitability: incapacity, conflict, or inability to secure required bond or insurance.
Helpful hints
- Contact the probate office early. Clerks can confirm filing status and provide local procedural requirements and forms: Connecticut Probate Courts.
- Keep tight timelines in mind. Probate actions move fast. File your objection as soon as possible after learning of the application.
- Use clear, factual language. State precise facts and dates in any written objection and attach copies of supporting documents.
- Serve all parties properly and keep proof of service. Improper service can delay or defeat your objection.
- Consider asking the court to require a bond if you fear mismanagement of estate assets. Bond rules and requirements are governed under Connecticut probate law (see Title 45a): https://www.cga.ct.gov/current/title_45a.htm.
- Think about interim relief if assets are at risk. In urgent situations, the court can sometimes appoint a temporary fiduciary or place holds on accounts.
- Document everything. Keep copies of filings, emails, letters, receipts, and notes of conversations with the probate clerk or other parties.
- Talk with an attorney experienced in Connecticut probate law if the estate is large, contested, or if complex legal issues (fraud, forgery, fiduciary misconduct) are involved.
Next practical step: Visit the local probate court where the application was filed, request the file, and ask the clerk how to submit a written objection or appearance. Use the Judicial Branch probate pages for forms and contact information: https://www.jud.ct.gov/probate/.
Disclaimer: This article explains general Connecticut probate procedures for informational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice about your situation, contact a licensed Connecticut attorney.