Short Answer

If the Camp Lejeune claim belongs to your late spouse (the claim arose before your spouse died), you will usually need letters (court authority) from the Connecticut Probate Court to act on behalf of your spouse’s estate. That typically means opening the decedent’s probate estate in the probate district where your spouse lived, getting appointed as the personal representative (executor or administrator), and using court-issued letters to file or continue a lawsuit or settlement negotiations. If the injured person is the surviving spouse (you) and you personally were exposed, you can generally pursue your own Camp Lejeune claim without opening your spouse’s estate.

Detailed answer — step-by-step under Connecticut law

1. Decide whether probate is required

Not every death requires a full probate administration. Probate is required when the decedent owned assets solely in their name that must be transferred or when a legal claim owned by the decedent must be brought or preserved by the estate. Examples that typically require probate:

• The decedent had bank accounts, real estate, or other assets titled only in their name that need to be collected and marshaled by a fiduciary.
• The Camp Lejeune claim belonged to the decedent (the exposure/injury occurred to the decedent) so the estate must pursue it.

If the claim belongs to the surviving spouse (you) or the decedent’s assets pass outside probate (joint accounts, beneficiary designations, trust assets), opening probate may not be necessary to pursue your personal claim.

2. Contact the Connecticut Probate Court for the district where the decedent lived

In Connecticut, probate matters are handled by the Probate Court for the district where the deceased was domiciled. Start by visiting the Connecticut Judicial Branch probate information pages to locate the correct court and learn local procedures and fees: https://www.jud.ct.gov/services/probate/.

3. Prepare and file the probate application (petition)

You (or your attorney) will file a petition to open the estate. If there is a will, you will present it to the court and request appointment as executor (sometimes called “fiduciary” or “personal representative”). If there is no will, you can petition to be appointed administrator. The court will provide the required form(s) and explain what supporting documents to submit. Typical items to bring:

• Certified death certificate
• The original will (if any)
• Photo ID for the proposed fiduciary
• A list of known assets and possible creditors
• Marriage certificate, if relevant to priority for appointment

Connecticut Probate Court forms and filing information are available from the Judicial Branch: https://www.jud.ct.gov/services/probate/.

4. Appointment hearing and issuance of letters

The Probate Court will review the petition. If there is no dispute, the court often issues Letters Testamentary or Letters of Administration (court-issued proof of your authority) that allow you to act for the estate. The court may require an oath and possibly a surety bond, although bonds are sometimes waived for surviving spouses.

5. Use your authority to preserve and pursue the Camp Lejeune claim

Once you have letters from the Probate Court, you can:

• Contact counsel to evaluate or file the Camp Lejeune claim on behalf of the estate.
• Preserve evidence and gather medical records and service records showing exposure.
• Collect assets of the estate and open an estate bank account to hold any recovery.

If the Camp Lejeune claim is a wrongful death claim arising from the decedent’s exposure, Connecticut’s wrongful-death procedures and who may bring such an action will affect how the claim proceeds. You should discuss the nature of the claim (survival action vs. wrongful death) with an attorney familiar with federal Camp Lejeune litigation and Connecticut probate practice.

6. Ongoing probate duties while pursuing the claim

As personal representative you must follow fiduciary duties under Connecticut law: inventory estate assets, notify creditors as required, keep records, and distribute any recovery according to the will or Connecticut intestacy rules. The Probate Court supervises these duties and will require accountings when the estate is closed.

7. Closing the estate after resolution

When the claim settles or litigation concludes and other estate matters are resolved, file final accounting and petition for distribution with the Probate Court and obtain an order closing the estate and distributing proceeds according to the will or statutory intestacy rules.

Important timing and preservation issues

Federal claims and statutes of limitations can be strict. If the claim is governed by a federal statute (for example, claims under the Camp Lejeune Justice Act or related federal law), consult an attorney quickly to make sure you do not miss a filing deadline. Starting the probate process early and obtaining letters lets your attorney preserve the estate’s legal rights and begin necessary pre-suit steps or litigation.

When you may NOT need probate to pursue a Camp Lejeune claim

• If you (the surviving spouse) are personally the injured claimant, you can pursue your own claim without opening the decedent’s probate estate.
• If the Camp Lejeune claim was already assigned to someone else or was structured as a nonprobate asset, probate may not be needed. Check title, beneficiary designations, and contracts.

How a Connecticut attorney can help

An attorney experienced in Connecticut probate and federal Camp Lejeune litigation can:

• Advise whether probate is required for your particular claim.
• Prepare and file the necessary probate petitions and appear at hearings.
• Coordinate estate administration with any federal claim deadlines.
• Represent the estate in settlement negotiations or litigation of Camp Lejeune claims.

Find local probate information at the Connecticut Judicial Branch: https://www.jud.ct.gov/services/probate/.

Helpful hints

• Act quickly on deadlines. Federal claims and statutes of limitations can be time-sensitive. Opening probate early preserves the estate’s rights.
• Gather records immediately: death certificate, the decedent’s military service records (DD-214), medical records, the original will (if any), and documentation of assets.
• Contact the local probate court clerk by phone or email for required local forms and filing fees before visiting in person: https://www.jud.ct.gov/services/probate/.
• Open a dedicated estate bank account once you have letters to keep estate funds separate and to simplify accounting.
• If you are the surviving spouse and your own claim arises from your exposure, you generally do not need to open the decedent’s estate to pursue your claim — but keep records proving who experienced the exposure and when.
• Consider hiring an attorney who understands both Connecticut probate practice and federal Camp Lejeune litigation to coordinate both tracks efficiently.
• Keep beneficiaries and next-of-kin informed; probate matters can raise questions about distribution priorities and creditor claims.