How to Distribute Estate Assets to Heirs Using a Small Estate Affidavit Process
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
1. Understanding Connecticut’s Small Estate Affidavit
Connecticut allows a streamlined procedure for estates whose personal property (less liens) does not exceed $75,000. This process lets certain individuals collect and distribute assets without full probate. The controlling statute is C.G.S. § 45a-304.
2. Qualifying for the Small Estate Affidavit
- The total value of the decedent’s personal property, minus liens, must be $75,000 or less.
- No application for appointment of a probate representative (executor or administrator) may be pending.
- At least 30 days have passed since the date of death.
3. Who Can Serve as Affiant
An affiant must be:
- The person nominated as executor in the will, if one exists, or;
- An heir or next of kin entitled under Connecticut’s intestate succession law (C.G.S. § 45a-435).
4. Step-by-Step Process
- Obtain a certified copy of the decedent’s death certificate.
- Prepare the Small Estate Affidavit form. Include:
- Decedent’s name, date of death, and last address.
- Statement of no probate application pending.
- Itemized list of personal property and its value.
- Identification of heirs or beneficiaries.
- Sign the affidavit before a notary public.
- File or present the affidavit to the custodian of each asset (e.g., bank, brokerage firm, or insurer).
- Provide a certified death certificate and any requested fee.
- Custodian releases assets to the affiant or distributes directly to heirs.
5. Distributing Assets to Heirs
Once the custodian approves the affidavit, you may:
- Deposit funds into a fiduciary account.
- Sell, transfer, or liquidate titled personal property.
- Allocate net proceeds to heirs or beneficiaries as follows:
If the decedent left a valid will, follow its terms. If there is no will, distribute under Connecticut’s intestacy rules:
| Heirs | Share |
|---|---|
| Surviving spouse only | Entire estate |
| Spouse + children | All to spouse if all children are also spouse’s; otherwise first $100,000 + ½ balance to spouse, remainder to children |
| No spouse, with children | Entire estate to children equally |
| No spouse or children | Parents, then siblings, then more distant relatives |
Helpful Hints
- Confirm property values with recent statements or appraisals.
- Keep detailed receipts of distributions to heirs.
- Notify potential creditors; some may have a claim despite the affidavit.
- Check each custodian’s small estate affidavit policy and fee schedule.
- Consider consulting an attorney if asset values near the $75,000 limit or if disputes arise.