How Do I Determine Ownership When My Deceased Parent Is the Only Name Listed on the Deed in Connecticut? | Connecticut Probate | FastCounsel
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How Do I Determine Ownership When My Deceased Parent Is the Only Name Listed on the Deed in Connecticut?

August 5, 2025 3 min read

Determining Property Ownership When Your Deceased Parent Is the Sole Name on the Deed

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

When a property deed lists only your deceased parent as the grantee, ownership does not automatically transfer to heirs. Connecticut law requires you to follow probate or statutory transfer procedures to establish clear title.

1. Review the Deed and Vesting Language

Obtain a certified copy of the deed from the town clerk’s office. Check for key vesting terms:

  • Joint tenants or tenants by the entirety with right of survivorship can pass ownership outside probate.
  • Absence of survivorship language means the property enters your parent’s probate estate.

2. Look for a Will or Transfer-on-Death Deed

If your parent left a valid will, the named executor submits the will and death certificate to the probate court in the district of residence. The court issues letters testamentary to manage estate assets. If your parent executed a beneficiary deed (transfer-on-death deed), the property transfers directly to the beneficiary named in the deed without formal probate. See Conn. Gen. Stat. §47-34bb: Conn. Gen. Stat. §47-34bb.

3. Open Probate for Estates Without a Beneficiary Deed

Absent a transfer-on-death deed, you must open an estate in the probate court. File a petition for probate with the decedent’s will (if any) or petition for administration if they died intestate. The court issues letters of administration to an appointed fiduciary—often a surviving spouse or adult child—who collects assets, pays debts, and distributes the remainder according to Connecticut law.

4. Understand Connecticut Intestate Succession

If your parent died without a will, the estate distributes under Connecticut’s intestacy rules. A surviving spouse and children inherit first. If no spouse survives, children inherit equally. In absence of spouse or descendants, the estate may pass to parents, siblings, or more remote relatives. See Conn. Gen. Stat. §45a-436: Conn. Gen. Stat. §45a-436.

5. Consider Small Estate Affidavit Procedures

For estates with a net value (after debts) not exceeding $40,000, Connecticut allows summary administration via affidavit under Conn. Gen. Stat. §45a-357. This streamlined process transfers real estate without formal probate, saving time and court costs. See Conn. Gen. Stat. §45a-357.

Helpful Hints

  • Request the certified deed and death certificate early in the process.
  • Search for any beneficiary deeds filed after the original deed date.
  • Check for a valid will in your parent’s personal records.
  • Visit the probate court in the decedent’s district for required forms.
  • Evaluate small estate administration if asset value is under $40,000.
  • Maintain organized records of all filings and court orders.
  • Consider consulting a real estate or probate attorney for complex estates.

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.