Disclaimer: This article provides general information about Connecticut probate procedures. It does not constitute legal advice. Consult a licensed attorney for guidance specific to your situation.
Detailed Answer
When a person dies without a valid will in Connecticut, a close relative or interested party must obtain letters of administration to collect assets, pay debts and distribute the estate. Here’s how to apply under Connecticut law:
1. Confirm Eligibility
Under C.G.S. § 45a-287, the following individuals may apply for letters of administration (intestate):
- Surviving spouse
- Children or their descendants
- Next of kin in the order set by statute
If multiple parties qualify, priority follows the order in C.G.S. § 45a-287 and § 45a-288 (§ 45a-288).
2. Gather Required Documents
- Certified copy of the decedent’s death certificate
- Decedent’s full legal name, date of death and last known address
- Estimated value of estate assets
- List of known heirs, beneficiaries or creditors
3. Complete AOC Probate Forms
The Connecticut Judicial Branch provides standardized forms. Key forms include:
- AOC-PR-203: Application for Letters of Administration (Intestate)
- AOC-PR-212: Notice to Interested Parties
- AOC-PR-213: Heirs and Next of Kin Addendum
- AOC-PR-217: Acceptance of Appointment by Administrator
- AOC-PR-222: Oath of Administrator and bond form
You can download these forms at the Connecticut Judicial Branch website: https://www.jud.ct.gov/forms/probate/
4. File Your Application with Probate Court
Submit the completed forms, supporting documents and the probate filing fee to the probate court in the decedent’s last residence. The court clerk will assign a docket number and schedule any required hearing.
5. Post Notice and Bond (If Required)
In some cases, the court will require publication of notice to creditors or a surety bond under C.G.S. § 45a-291 (§ 45a-291).
6. Attend the Probate Hearing
The court may call a brief hearing to confirm the applicant’s identity, oath, bond and the accuracy of the application.
7. Receive Letters of Administration
Once the court approves, it will issue letters of administration. These letters empower you to act on behalf of the estate—collect assets, pay debts and distribute property to heirs under C.G.S. § 45a-299.
Helpful Hints
- Review the decedent’s financial records before filing to estimate estate value accurately.
- Notify all potential heirs early to avoid delays or objections.
- Keep copies of every document filed with the court for your records.
- Check local probate court websites for specific filing fees and procedures.
- Consider hiring a probate attorney if the estate includes complex assets or disputes arise.