How Can Heirs Petition the Court to Reopen a Closed Estate in CT to Claim Unclaimed Assets? | Connecticut Probate | FastCounsel
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How Can Heirs Petition the Court to Reopen a Closed Estate in CT to Claim Unclaimed Assets?

Disclaimer: This article is for informational purposes only and is not legal advice. Consult a qualified Connecticut probate attorney regarding your specific situation.

Detailed Answer: Reopening a Closed Connecticut Estate

Connecticut probate courts can reopen an estate after distribution when interested persons discover assets that were omitted or unclaimed. Although the statutes do not set a strict deadline for reopening, you should file a petition as soon as practicable.

  1. Identify the Probate Court: File your petition in the same district court that handled the original estate. You can locate your court on the Connecticut Judicial Branch website.
  2. Prepare the Petition: Draft a petition that includes:
    • The estate’s name and docket number.
    • The date of the decree of distribution.
    • A detailed description of the newly discovered or unclaimed assets.
    • The reasons these assets were omitted initially.
    • A request to reopen the estate and authorize distribution or citation of new assets.
  3. Serve Interested Parties: Under Conn. Gen. Stat. § 45a-15 (Notice Contents), serve the personal representative, all heirs, and creditors. Proper service gives everyone an opportunity to object.
  4. File Supporting Documents: Include a certified copy of the original decree of distribution, affidavits proving discovery of assets, and proof of service.
  5. Attend the Hearing: The court will schedule a hearing where you present evidence. If the probate judge finds the assets belong to the estate, the court may issue an order under its general powers in Conn. Gen. Stat. § 45a-7 (Powers of Probate Courts) to reopen the estate.
  6. Claim and Distribution: Once reopened, file claims for your share. The court can direct the personal representative or another fiduciary to distribute the assets according to the will or intestacy rules.

Helpful Hints

  • Act promptly after discovering new assets to strengthen your petition.
  • Keep detailed records and affidavits documenting how you found the assets.
  • Consult the Connecticut Judicial Branch website for probate court forms and filing fees.
  • Consider hiring a probate attorney if the estate assets are substantial or if disputes arise.
  • Track deadlines for appeals or objections; probate cases can have strict timelines under Conn. Gen. Stat. § 45a-186 (Appeals from Probate Court).

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.