Connecticut: How to Confirm a Bank Account Is Under the $20,000 Small- Estate Limit | Connecticut Probate

Detailed Answer — How to confirm whether a Connecticut bank account qualifies under the $20,000 small-estate limit

Under Connecticut law, a limited small-estate procedure (often called a small-estate affidavit or disposition without formal administration) can let an eligible person collect certain of a decedent’s personal property without opening a full probate estate. The key legal cutoff to know about for this process is the statutory small-estate threshold. See Conn. Gen. Stat. § 45a-293 for the small-estate affidavit/procedure: https://www.cga.ct.gov/current/section.asp?section=45a-293.

To decide whether a particular bank account (or the decedent’s combined personal property) falls under the $20,000 threshold you must value the account as of the decedent’s date of death and determine whether that value (together with other personal property subject to probate) stays below $20,000. Here are the practical steps and legal points to follow.

Step 1 — Identify whether the account is part of the probate estate

Check the account title. Accounts titled jointly with rights of survivorship (JTWROS) or payable-on-death (POD) / transfer-on-death (TOD) designations generally pass directly to the surviving owner or named beneficiary and typically are not counted as part of the probate estate.
Retirement accounts and many life insurance proceeds pass by beneficiary designation and are not part of probate. Bank accounts titled only in the decedent’s name usually are part of the probate estate.
If an account is in the decedent’s sole name but the survivor has access (e.g., a signed power of attorney), that access usually ends at death; the account still generally remains estate property unless a survivorship form applies.

Step 2 — Determine the account balance as of date of death

Use the balance on the decedent’s date of death. Courts and banks value accounts on that date for small-estate calculations. Post-death deposits, interest, fees, or checks that clear after death can change the current balance but do not change the legally relevant date-of-death value.
Gather the decedent’s most recent paper statements, online statements, or printed transaction history. Look for the actual balance on the date of death.
If you do not have statements, contact the bank and request an account ledger or a statement showing the balance on the date of death. Banks will typically require a certified copy of the death certificate and proof of your identity. If you are not a person with legal authority, the bank may refuse until you can show authority (for example, a small-estate affidavit or letters of appointment).
Ask the bank to provide a written statement of the date-of-death balance or an account history. That written ledger is useful evidence if you later present a small-estate affidavit to the bank or to the probate court.

Step 3 — Add other personal property subject to probate

The $20,000 threshold is applied to the decedent’s personal property that is subject to the probate process. When you check whether you qualify, include:

Balances of all sole-name bank accounts that are probate assets.
Cash, personal property that can be sold for cash (furniture, jewelry, household goods if sold), and other tangible personalty.
Proceeds that are payable to the estate rather than to a named beneficiary (for example, some remaining account balances without beneficiary designation).

Do not include property that passes outside probate (e.g., POD/TOD accounts, accounts with a named beneficiary, many life insurance policies and retirement accounts if a beneficiary is named, or jointly held property that passes by survivorship).

Step 4 — Account holds, outstanding checks, and liens

Remember to consider pending transactions: outstanding checks written before death may reduce the date-of-death balance if they cleared on or before that date. Post-death checks and bank fees generally affect the account after the valuation date.
If there are liens or bank set-offs (for example, overdrafts or a loan secured by the account), those may affect whether a creditor might claim funds, but the small-estate threshold normally focuses on gross personal property value. When in doubt, seek guidance from the probate court or an attorney.

Step 5 — What to do if you cannot get the date-of-death balance directly

Ask the bank for a certified transaction history showing the balance on the date of death. Provide the death certificate and explain you need the date-of-death balance so you can determine whether you may use the small-estate process under Conn. Gen. Stat. § 45a-293 (link).
If the bank refuses to cooperate, the probate court clerk can often advise about next steps or whether court assistance is appropriate. Connecticut Probate Courts maintain forms and local guidance: https://www.jud.ct.gov/probate/.
If multiple accounts or pieces of personal property exist, compile each date-of-death amount and total them to see whether the combined estate property subject to probate is under $20,000.

Step 6 — Using the small-estate affidavit (if you qualify)

If the decedent’s personal property subject to probate totals less than the statutory cutoff, Connecticut’s small-estate procedure allows a person with priority (spouse, next of kin, or other authorized person) to execute an affidavit to collect those assets without a formal estate administration. The affidavit process and eligibility are governed by statute. See Conn. Gen. Stat. § 45a-293: https://www.cga.ct.gov/current/section.asp?section=45a-293.

Typical practical steps are:

Confirm the total value of probate assets (date-of-death balances) is under $20,000.
Prepare the small-estate affidavit (some probate courts provide sample forms or guidance).
Present the affidavit, a certified copy of the death certificate, and any supporting evidence (bank ledger showing date-of-death balance) to the bank or other holder of the property.
If the bank accepts the affidavit, it will release funds to the affiant according to the statute. If the bank refuses, you may need to contact the probate court or an attorney to seek an order or letters of administration.

When to contact the probate court or an attorney

If you cannot obtain a date-of-death balance from the bank or if the estate’s composition is unclear (for example, mixed assets, unclear account ownership, or creditor claims), contact the local probate court for guidance.
If multiple heirs dispute who has priority to collect, or if potential creditors may exceed the estate, consult an attorney experienced in Connecticut probate to avoid personal liability.

Key takeaways

Determine whether the specific account is a probate asset (sole-name vs POD/TOD or joint with survivorship).
Use the balance on the date of death, not the current balance, when checking the $20,000 limit.
Request a written bank ledger or statement showing the date-of-death balance (banks usually require a death certificate and ID).
Total all probate personal property values to confirm the estate is under the statutory limit before relying on the small-estate process.

Disclaimer: This article explains general Connecticut probate principles and steps you can take to verify an account’s date-of-death value. It is not legal advice. For advice about your specific situation, contact the Connecticut probate court or consult a licensed attorney.