Understanding How Connecticut Probate Addresses Unauthorized Charges to a Parent’s Estate

Quick summary: If someone charged the estate of your parent without authority — whether the executor, a caregiver, a family member, or a business — Connecticut’s probate process provides ways to review those payments, require an accounting, object, and pursue repayment or removal of the fiduciary. This article explains how the probate process typically handles these situations, what steps you can take, and where to look for Connecticut resources. This is general information only and not legal advice.

Detailed answer: What happens when there are unauthorized charges to an estate under Connecticut law

When a person dies in Connecticut and someone opens a probate estate, the probate court supervises the estate administration. The court appoints an executor (personal representative, called an “fiduciary”), who must follow legal duties: inventory assets, notify creditors, pay valid debts and taxes, and distribute property to beneficiaries. If estate funds were charged or spent without authority, the probate process gives beneficiaries and interested parties tools to discover and correct improper payments.

Common examples of unauthorized charges

Bank withdrawals or transfers from the decedent’s accounts made after death without court authorization.
Payments to an executor or family member for services or loans that were not authorized or that exceed reasonable value.
Third-party charges (caregivers, contractors, businesses) billed to the estate without valid contracts or approval.
Creditors paid outside the required notice period or paid duplicates when not owed.

How the probate process uncovers and resolves unauthorized payments

Opening an estate and filing inventory: The fiduciary must file an inventory and provide accountings to the probate court. Beneficiaries and interested persons can request copies of inventories and accountings to review transactions.
Notice to creditors and claims process: The probate court supervises notice to known creditors and may require publication for unknown creditors. Legitimate creditors can file claims; improper charges by a creditor can be objected to through the claims process.
Accountings and objections: Connecticut probate practice requires the fiduciary to present periodic or final accountings showing receipts, disbursements, and distributions. Beneficiaries may file written objections to an accounting if they believe charges were improper. The court will schedule a hearing if objections raise a disputed issue.
Surcharge and removal actions: If the fiduciary breached duties (self-dealing, wasted estate assets, unauthorized payments), the court may surcharge the fiduciary — that is, order repayment to the estate — or remove the fiduciary and appoint a successor. The court may order interest and other remedies appropriate under the circumstances.
Controlling or freezing assets: If immediate action is needed (for example, the fiduciary is depleting assets), parties can ask the probate court for temporary relief, such as limiting the fiduciary’s powers or requiring a bond.
Civil and criminal remedies: In addition to probate remedies, unauthorized taking of estate property can support civil claims (conversion, breach of fiduciary duty) and may be criminal (theft or embezzlement). You can report suspected criminal conduct to law enforcement while pursuing probate remedies.

Timing and deadlines

Probate procedures include statutory deadlines for creditor claims, filings, and objections. Missing a deadline can reduce options for recovery. For this reason, review accountings and act promptly if you suspect unauthorized charges.

Connecticut resources and statutes

Connecticut probate law and court forms are available through the Connecticut Judicial Branch and the Connecticut General Assembly. For general probate rules and to find the local probate court, see the Connecticut Judicial Branch Probate Courts page: https://www.jud.ct.gov/websites/probate/Pages/default.aspx.

For the text of Connecticut statutes governing probate and fiduciary responsibilities, see the Connecticut General Assembly’s current statutes for probate matters: https://www.cga.ct.gov/current/pub/chap_815.htm. These statutes set out duties, accountings, notices, and procedures the court follows.

What you (a beneficiary or interested person) should do first

Obtain copies of the probate court file: inventory, accountings, and petitions. These are public records in the probate file.
Document the alleged unauthorized charges: bank statements, invoices, cancelled checks, emails, and any communications authorizing payments.
File a written objection to the accounting or petition in probate if you identify unauthorized disbursements. Ask the court for a hearing and for interim protections if assets are at risk.
Consider asking the court for an audit or surcharge proceeding if the fiduciary refuses to explain or repay improper charges.
If you suspect criminal conduct, consider filing a police report in addition to taking probate steps.

Helpful Hints

Act quickly. Probate deadlines and creditor-claim periods can limit remedies.
Get organized. Collect bank statements, receipts, cancelled checks, and communications that show when and how funds were removed.
Request a full accounting from the fiduciary in writing. Courts will require accountings; asking in writing creates a record.
File written objections — oral complaints are usually not enough for the court to act. Follow local probate rules for filings and service.
If the fiduciary is still in control and may dissipate assets, ask the court to restrict the fiduciary’s powers or require a bond while the issue is pending.
Consider both probate and civil remedies. Probate court remedies (surcharge, removal) address estate administration, while civil court may be needed for additional damages or claims against third parties.
Contact the Connecticut Judicial Branch or your local probate court to learn court-specific forms and procedures: Connecticut Probate Courts.
When in doubt, consult an attorney experienced in Connecticut probate and estate litigation. The Connecticut Bar Association offers referral resources at https://www.ctbar.org/.

Final note / Disclaimer: This article explains common probate steps and options under Connecticut law for dealing with unauthorized estate charges. It is educational only and not legal advice. Every case has unique facts and deadlines. Speak with a licensed Connecticut attorney or contact the probate court promptly to protect rights and meet filing requirements.