Connecticut: Steps to File and Record a New Deed After a Spouse’s Death

Disclaimer

This article explains general Connecticut procedures and is educational only. It is not legal advice. For specific legal guidance about your situation, contact a Connecticut probate or real estate attorney or the local probate court.

Detailed answer — step-by-step guide

When a spouse dies, title to real property can transfer in several different ways depending on how the deed was written and whether the decedent left a will. Below are the main paths and the practical steps you will likely need to take in Connecticut.

1) First, determine how title was held

Look at the recorded deed. Common ownership forms are:

• Tenancy by the entirety (commonly used by married couples)
• Joint tenancy with right of survivorship
• Sole ownership in the deceased spouse’s name

If the deed used language indicating survivorship (for example, “joint tenants with right of survivorship” or “tenancy by the entirety”), title usually passes automatically to the surviving owner. If the property was in the deceased spouse’s name alone, the property will usually pass through probate or other court-ordered transfer.

For general background on Connecticut real property law, see the Connecticut General Statutes, Title 47 (Real Property): https://www.cga.ct.gov/current/title/47.htm.

2) If the property passed by survivorship (joint tenancy or tenancy by entirety)

1. Obtain a certified copy of the death certificate.
2. Contact the town clerk where the property is recorded. The town clerk can tell you exactly what they require to clear the deceased’s name from the land records. Many town clerks will accept a simple affidavit of death signed and notarized by the surviving owner plus the certified death certificate and a copy of the recorded deed.
3. Prepare and sign any survivorship affidavit or a new deed (survivorship or quitclaim deed) transferring title to the survivor or to the child if the survivor intends to convey the property. A notary must acknowledge the signature on the deed.
4. Record the affidavit or new deed and the death certificate at the town clerk’s office. Pay recording fees.

This is typically the quickest path because it does not require opening a probate estate.

3) If the decedent owned the property solely (no survivorship)

Real property owned solely by the decedent usually must be administered through probate before a deed can be executed that will clear title. Key steps:

1. Locate the will (if any). If there is a will, it should be filed with the local probate court in the district where the decedent lived.
2. If there is no will, someone (usually a close family member) petitions the probate court to be appointed administrator of the estate.
3. The probate court issues Letters Testamentary (if there is a will) or Letters of Administration (if intestate). These documents give the personal representative the authority to manage estate assets, including real property.
4. The personal representative can then prepare and sign a deed conveying the property to the beneficiary (for example, the child named in the will) or to the heirs according to the court order. That deed must be notarized and contain an accurate legal description of the property.
5. Record the deed at the town clerk’s office where the land is located. Include a certified copy of the Letters Testamentary or Letters of Administration, and any probate court order required by the town clerk.

For basic information about probate courts and procedures in Connecticut, see Connecticut Probate Courts: https://www.jud.ct.gov/services/probate/ and see the Connecticut probate statutes at Title 45a: https://www.cga.ct.gov/current/title/45a.htm.

4) Are there any simplified procedures (small estate)?

Many states have simplified procedures for small estates, but those typically apply to personal property (bank accounts, personal effects) rather than real estate. In Connecticut, the availability and scope of simplified procedures vary. If the estate holds only modest assets and no one disputes ownership, the probate court may be able to issue a quick order, but in many cases title to real estate still requires some formal probate action or an appropriate court order before the land records will accept a deed. Ask the probate court clerk whether a simplified procedure can be used in your case.

5) Prepare the deed correctly

• Use the exact legal description from the prior deed or the town land records.
• The person with authority (survivor, executor, or administrator) must sign the deed in front of a notary.
• Include the proper form of conveyance (warranty deed, executor’s deed, special quitclaim, etc.) based on who is conveying.

6) Record the deed and supporting documents

Take the original executed deed, certified death certificate, and if applicable the Letters Testamentary/Letters of Administration or probate court order, to the town clerk for recording. Pay the required recording fees. The town clerk will record the deed and issue a recorded copy. Recording protects the new owner’s title and puts the public on notice of the transfer.

7) After recording: update other records and liens

• Notify the local tax assessor so the property tax billing goes to the correct owner.
• If there is a mortgage, contact the lender. The lender may need a copy of the recorded deed and may have a payoff or other requirements.
• Contact the title insurance company if a title policy exists to request a change of policy or update the owner information.

8) When to get an attorney

Consult a Connecticut probate or real estate attorney if any of the following apply:

• The title is disputed or unclear.
• There are multiple heirs or potential claims (creditors, divorces, liens).
• The estate has significant value or complex tax consequences.
• You need help preparing court pleadings, a deed, or interpreting the will.

Helpful hints — checklist and practical tips

• Start by locating the original deed (often in the safe, with the decedent’s papers, or at the town clerk’s office).
• Order several certified copies of the death certificate from the town or state vital records office; town clerks usually require a certified death certificate for recording.
• Call the local town clerk’s office early — clerks will tell you exactly which documents they accept to clear title in that town and the current recording fees.
• If a will exists, file it with the local probate court promptly. Probate deadlines vary; timely filing avoids delays.
• Keep careful records and copies of everything submitted to the probate court and town clerk, including recorded deed copies.
• If you plan to transfer the property directly to the child after survivorship, confirm whether any mortgage or lien requires lender consent.
• Ask the town clerk whether a transfer tax, conveyance tax, or municipal fee applies when recording a new deed.
• If you lack comfort preparing deeds, use a Connecticut attorney or an experienced title company to prepare and record the deed correctly. A small mistake in a deed can cause title problems later.