Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Connecticut law, executors and administrators must file a full inventory of the decedent’s assets, including all personal property, within four months of appointment. See Conn. Gen. Stat. § 45a-316. This inventory is critical when a surviving spouse or minor child seeks a year’s allowance from the estate.
Conn. Gen. Stat. § 45a-44 governs the year’s allowance. A surviving spouse and minor children collectively may receive:
- Up to $15,000 of personal estate;
- Household furniture and personal effects valued at up to $5,000;
- An automobile allowance (commonly one vehicle up to $4,000 in value).
To determine eligibility and amounts, the executor must list and value personal property assets in the probate inventory. Without verifying what personal property exists and its fair market value, the court cannot award the statutory allowance accurately.
Certain personal property is exempt from administration and need not appear on the inventory. Under Conn. Gen. Stat. § 45a-44b, exemptions include wearing apparel, family portraits, and small items of jewelry. Exempt items do not count toward the year’s allowance.
If the estate’s personal property and cash are insufficient to satisfy the year’s allowance, the remainder may be paid out of the decedent’s real property under the same statute. Executors should work with probate counsel to ensure proper valuations and timely filings.
Helpful Hints
- Review the decedent’s records: Look for receipts and appraisals to assign accurate values.
- Distinguish exempt items early: File a separate list for items under § 45a-44b to streamline administration.
- File on time: Probate inventories are due within four months of appointment under § 45a-316.
- Keep detailed records: Maintain copies of all inventory filings and appraisals.
- Consult probate rules: Local probate courts may have additional requirements for inventories and petitions.