Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Connecticut does not use a formal “heirship affidavit” like some other states. Instead, you can use a small estate affidavit under Connecticut General Statutes § 45a-357 to collect personal property (not real estate) from a decedent’s estate if certain conditions are met:
- Confirm eligibility. The total value of the decedent’s personal property in Connecticut must not exceed $40,000. The decedent must have died at least 30 days before you file the affidavit. No probate administration (estate administration) can be pending in any jurisdiction. See CGS § 45a-357.
- Identify heirs and beneficiaries. Under Connecticut law, heirs are determined by intestate succession rules in CGS § 45a-441. These rules list spouse, children, parents, siblings, and more. You should prepare a family tree or pedigree chart showing the relationship of each heir to the decedent.
- Gather required documents. You will need:
- Certified death certificate of the decedent.
- An inventory of personal property (bank accounts, vehicles, household goods) and their approximate values.
- A copy of the proposed affidavit form (available from the probate court or online).
- Complete the affidavit form. Connecticut probate courts provide a form titled “Affidavit for Collection of Personal Property.” You must include:
- Decedent’s full name, date of death, and last address.
- Names, addresses, and relationships of all heirs or beneficiaries.
- Statement that no probate administration is pending and that total personal property value does not exceed the statutory limit.
- Obtain notarization and signatures. Every heir must sign the affidavit in the presence of a notary public. The notary will confirm identities and notarize the document.
- Present the affidavit to the holder of the assets. Provide certified copies of the death certificate and the signed small estate affidavit to banks, financial institutions, or other holders of the decedent’s personal property. They have a statutory duty to release assets upon a proper affidavit.
- Record keeping. Keep copies of everything you file and receive. If an heir later challenges the affidavit, you will need your records to show you complied with CGS § 45a-357.
Helpful Hints
- Contact your local probate court to confirm the current form and any local requirements.
- Verify the value of assets with recent statements or appraisals to avoid exceeding the $40,000 limit.
- Check CGS § 45a-441 for the exact order of intestate heirs if you need to determine priority.
- Keep an organized file with all supporting documents, including correspondence with banks or institutions.
- If you discover real estate or assets above the limit later, you may need to open a full probate case.
- Consider consulting a probate attorney if any heir objects or the estate has complicating factors.