Detailed Answer
Overview. When a person dies without a valid will (intestate) in Connecticut, the Probate Court in the district where the decedent lived manages appointment of a fiduciary (often called an administrator or administrator d.b.n. — administrator de bonis non — depending on circumstances) to collect assets, pay debts, and distribute property according to Connecticut law. You do not need the cooperation or consent of the decedent’s family to seek appointment. The court will decide who should serve based on statutory priority, evidence, and the best interests of the estate.
Who has priority to be appointed?
Connecticut gives priority to certain people when appointing a fiduciary for an intestate estate. Typically the surviving spouse is first in line to be appointed as administrator if the spouse is legally qualified and willing to serve. If the spouse is unable or disqualified, other relatives (children, parents, siblings, more remote heirs) may be considered. The Probate Court follows the statutory framework for appointment.
Where do you file?
File a petition for appointment with the Probate Court in the district where the deceased was domiciled at time of death. You can locate the right court and get local filing information through the Connecticut Probate Court pages on the Judicial Branch site: https://www.jud.ct.gov/probate/. The Probate Court clerk’s office will tell you the required forms, filing fee (if any), and local practices.
What forms and documents will you generally need?
- Certified death certificate.
- Petition or application for appointment as administrator (Probate Court form or written petition stating facts: your relationship to decedent, assets known, heirs).
- Proof of your identity (government ID).
- Marriage certificate, if claiming rights as surviving spouse.
- List of known heirs and their contact information (names, addresses).
- Inventory or list of decedent’s known assets, bank accounts, real property, safe-deposit boxes, and creditors, if known.
- Any renunciations or consents from other potential fiduciaries (helpful but not required).
What happens after you file?
The court will review the petition. If no one contests, the court typically issues letters of appointment (letters testamentary or letters of administration) that give you legal authority to act on behalf of the estate. If others oppose your appointment, the court will schedule a hearing where you and opposing parties can present evidence about who should serve. The Probate Court has the authority to appoint the person it finds appropriate under Connecticut law.
What if the decedent’s family won’t cooperate or refuses to provide assets or information?
You can still proceed. The Probate Court can compel cooperation. Practical steps and legal tools include:
- File the petition for appointment quickly so the court can issue letters giving you authority over estate property.
- If a bank or third party refuses to release funds, present your letters of appointment and the bank should cooperate (banks follow probate procedures for decedent accounts). If they refuse, the court can issue orders forcing compliance.
- If family members remove or hide assets, report that to the Probate Court and ask for emergency relief or an order to preserve assets. The court can order turnover or issue injunctions.
- If heirs file a contest, attend the hearing and bring evidence of your fitness to serve, relationship to decedent, and a proposed plan to administer the estate promptly and fairly.
Bonds, waivers and security
The Probate Court may require a bond (insurance protecting the estate) before issuing letters. Connecticut law and local Probate Court rules describe when bonds are required and when they can be waived. Spouses or multiple heirs sometimes sign waivers of bond to simplify appointment. If you cannot obtain waivers, the court may set bond or other conditions.
When should you hire an attorney?
Consider hiring a Connecticut probate attorney if:
- Family members actively oppose your appointment.
- Significant assets or complex property (real estate, business interests) exist.
- There may be creditors or disputes about heirs and intestacy rights.
- Someone has removed or concealed assets and you need emergency court relief.
Key Connecticut resources
- Connecticut Judicial Branch — Probate Court information and local contacts: https://www.jud.ct.gov/probate/
- Connecticut General Assembly — statutes and searchable laws (for probate statutes): https://www.cga.ct.gov/current/
Example (hypothetical)
Hypothetical: Maria’s husband, John, died without a will in Bridgeport. John’s siblings refuse to tell Maria where his safe-deposit box is and deny her access to a joint bank account they claim is in dispute. Maria can petition the Probate Court in the district where John lived, request appointment as administrator as the surviving spouse, present the death certificate and marriage certificate, and ask the court to issue letters. With letters, Maria can ask banks to release funds. If the siblings still conceal assets, Maria can ask the court for orders to recover and preserve estate assets and for a hearing to resolve any contests.
Practical timeline
- Within days to a few weeks: gather documents and file the petition with the correct Probate Court.
- Within a few weeks: court issues letters if uncontested (timing depends on local practice).
- If contested: a hearing date will be set; resolution may take months depending on complexity.
Final points
You do not need the decedent’s family to “consent” for you to seek appointment. The Probate Court’s role is to resolve who should serve and to protect estate assets. Acting quickly, filing the correct petition, and providing clear documentation of your relationship and the estate’s assets will help you obtain appointment and authority to manage the estate.
Disclaimer
This article explains general principles under Connecticut probate practice and is for educational purposes only. It is not legal advice. For advice about your specific situation, contact a licensed Connecticut probate attorney or the local Probate Court.
Helpful Hints
- Contact the Probate Court clerk early — they can tell you the correct forms and local requirements.
- Get multiple certified copies of the death certificate; courts and banks will request them.
- Prepare a short written inventory of known assets and potential liabilities before filing.
- Bring proof of marriage and identification to prove your priority as surviving spouse.
- If you fear asset concealment, ask the court for an expedited hearing or temporary preservation order.
- If bond is ordered and you cannot afford it, ask the court about waivers or alternatives; heirs sometimes waive bond in writing.
- Keep detailed records and receipts of any estate-related actions you take after appointment.
- Consider at least a short consultation with a probate attorney if the family resists or assets look complex; many attorneys offer limited-scope help.
- Use official court and government resources: Connecticut Judicial Branch Probate pages: https://www.jud.ct.gov/probate/ and Connecticut statutes: https://www.cga.ct.gov/current/.