Detailed Answer
This section explains how Connecticut treats assets that pass by right of survivorship (for example, joint bank accounts titled “Joint Tenants with Right of Survivorship” or property held as tenants by the entirety) and whether they belong on a probate inventory.
What “right of survivorship” means in Connecticut
When an asset is held with a right of survivorship, ownership automatically moves to the surviving owner(s) when one owner dies. Common examples include:
- Bank or investment accounts titled in joint names “with right of survivorship.”
- Real estate held as joint tenants with right of survivorship or as tenants by the entirety (often used by married couples).
- Payable-on-death (POD) or Transfer-on-death (TOD) designations and many life insurance and retirement beneficiary designations.
Are survivorship assets part of the probate estate?
Generally, no. In Connecticut, assets that pass automatically by right of survivorship do not become part of the decedent’s probate estate. Probate deals with property owned solely by the decedent at death or property that lacks an automatic nonprobate transfer mechanism. Because survivorship assets pass outside probate, an executor or administrator ordinarily does not include them as probate estate assets for distribution.
Do you still need to tell the probate court about those assets?
Yes — with nuance. A fiduciary’s formal inventory normally documents the decedent’s probate assets. But you should still keep records of nonprobate survivorship assets and be ready to disclose or document them if the probate court, a creditor, or interested persons request information. Some probate inventories or local probate rules ask fiduciaries to list nonprobate items (often labeled “assets passing outside probate” or similar) so the court and creditors understand what passed outside the estate. Check the probate court’s inventory form or local practice to see whether the court expects such a notation.
Why disclosure matters even if the asset passed outside probate
- Creditor claims. Creditors usually make claims against the probate estate. But if a survivorship transfer was made shortly before death to avoid creditors, courts may scrutinize it and sometimes set it aside as a fraudulent transfer.
- Estate accounting. Heirs or beneficiaries may ask for a complete picture of what passed by probate and what did not. Clear disclosure avoids later disputes.
- Title and institutional requirements. Banks, brokers, and land records offices require a certified death certificate and proof of survivorship to retitle or transfer accounts and property. The fiduciary should keep these documents available.
Practical steps to take in Connecticut
- Review how each asset is titled. Look at the account or deed wording. “Joint tenants with right of survivorship,” “tenants by the entirety,” “POD,” and “TOD” normally indicate nonprobate transfer.
- Get certified copies of the death certificate. Financial institutions and land records usually require them to process survivorship claims.
- Check the probate inventory form and local probate court rules. Some probate courts expect fiduciaries to note nonprobate assets on the inventory; others want only probate assets listed. The Connecticut Probate Courts provide forms and instructions through the Judicial Branch — see the Probate Courts page: https://www.jud.ct.gov/probate/.
- Keep supporting documents. Bank statements, deeds, beneficiary forms, and affidavits of survivorship help show that an asset passed outside probate.
- Watch for creditor issues. If the decedent recently changed titles to create survivorship, be aware that creditors may challenge the transfer. In contested situations, consult an attorney.
Legal references and where to look in Connecticut law
Connecticut’s statutes governing probate, fiduciary duties, inventory and accountings appear in the state’s Estates and Probate Title (Title 45a). For background on probate procedure and fiduciary responsibilities, see Connecticut General Statutes, Title 45a: https://www.cga.ct.gov/current/title_45a.htm. For practical probate forms and court guidance, use the Connecticut Judicial Branch Probate Courts page: https://www.jud.ct.gov/probate/.
When to consult an attorney
If any of these apply, talk with a probate attorney in Connecticut:
- Someone contests whether a transfer was really survivorship or alleges the transfer was fraudulent.
- Creditors make claims and you are unsure whether nonprobate assets are at risk.
- The decedent’s records are unclear about titles or beneficiary designations.
- Large or complex assets (real estate, business interests, retirement accounts) require careful handling.
Disclaimer: This article explains general Connecticut probate principles and is for informational purposes only. It does not provide legal advice. For advice about a specific situation, contact a licensed Connecticut attorney.
Helpful Hints
- Don’t assume: confirm exact wording on account titles and deeds — small differences matter.
- Keep certified death certificates on hand. Institutions usually will not act without them.
- When filling an inventory, check the court’s instructions or ask clerk staff whether to list nonprobate items as “passing outside probate.”
- Document the date and reason for any recent title changes; rapid transfers before death can be scrutinized by creditors or beneficiaries.
- If an institution won’t release funds despite survivorship title, ask what proof they require (usually a certified death certificate and photo ID of the survivor, or an affidavit of survivorship).
- Keep an organized folder of all deeds, account agreements, beneficiary forms, and correspondence with institutions — it simplifies administration and reduces later disputes.
- When in doubt about creditor exposure or potential disputes, get legal advice early to avoid later litigation costs.