Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in Connecticut for guidance on your specific situation.
Detailed Answer
In Connecticut, when someone dies without a valid will (intestate), the Probate Court appoints an administrator to manage the estate. Conn. Gen. Stat. § 45a-259 establishes the order of priority for appointment. The court favors a surviving spouse first, then children, then parents, siblings, and so on. If a higher-priority heir exists but you want to serve as administrator, you must address that heir’s priority under state law.
Here are the main ways to obtain appointment despite a higher-priority heir:
- Renunciation or Waiver by the Higher-Priority Heir. Under Conn. Gen. Stat. § 45a-260, any person entitled to appointment can file a written renunciation in the Probate Court within three months after the first qualified petitioner appears. Once the higher-priority heir executes a valid renunciation, the next person in line — such as you — may qualify. See § 45a-260.
- Refusal or Inaction of the Higher-Priority Heir. If the spouse, child, or parent entitled to priority fails to apply within three months of the first petition, the court may deem that person to have voluntarily declined. At that point, the court will move to the next eligible applicant.
- Disqualification of the Higher-Priority Heir. The Probate Court can disqualify an heir for reasons such as incapacity, conflict of interest, or failure to post bond when required. If the court finds a higher-priority heir unsuitable under Conn. Gen. Stat. § 45a-259(b) or (c), you may step in as administrator. See § 45a-259.
- Court Approval Based on Best Interests of Creditors and Beneficiaries. In rare cases, even if a higher-priority heir does not renounce or is not disqualified, the court may appoint an alternative administrator if doing so better protects the estate’s assets and beneficiaries. You must present clear evidence at a hearing of why appointment of the higher-priority heir would harm creditors or beneficiaries.
To proceed, file a petition for appointment in the Probate Court of the decedent’s residence. Attach any renunciation by the higher-priority heir or evidence of their inaction or disqualification. Prepare to post a bond if required under Conn. Gen. Stat. § 45a-272. The court will schedule a hearing, notify interested parties, and review the priority rules before issuing letters of administration.
Helpful Hints
- Review Conn. Gen. Stat. § 45a-259 to understand appointment priority (§ 45a-259).
- Ask the higher-priority heir to sign a written renunciation under § 45a-260 early to avoid delays.
- File your petition promptly after the three-month window if the higher-priority heir does not act.
- Gather proof of any incapacity or conflict if seeking disqualification of the higher-priority heir.
- Prepare to post a fiduciary bond unless the court waives this requirement (§ 45a-272).
- Notify all interested parties and creditors according to Probate Court rules.
- Consult with a Connecticut probate attorney to ensure procedural compliance and protect estate assets.