Disclaimer: This article provides general information and does not constitute legal advice. For legal guidance, consult a qualified attorney.
Detailed Answer
When someone dies owning real property in Connecticut, the way title passes depends on how the property is held. Some interests move outside probate. Others require probate to transfer title. Understanding the difference can save time and costs.
1. Joint Ownership with Right of Survivorship
If you own real estate as a joint tenant or tenant by the entirety with another person, state law grants a right of survivorship. Upon death, the deceased’s share automatically goes to the surviving owner. See Conn. Gen. Stat. § 47-2(c). You skip probate for that property.
2. Transfer on Death Deeds
Under Conn. Gen. Stat. §§ 47-37a–47-37f, you can record a Transfer on Death Deed (TODD). You name a beneficiary to receive ownership when you die and keep full control during your lifetime. The deed takes effect at death, avoiding probate.
3. Trust Ownership
If you place real property into a revocable living trust, the trust document governs distribution at your death. The trustee distributes the property directly to beneficiaries without probate. You maintain control as trustee until death or incapacity.
4. Assets Requiring Probate
Any property held solely in your name with no beneficiary designation or right of survivorship must go through probate. Probate validates your will, appoints an executor, settles debts, and distributes assets under the will’s terms and Conn. Gen. Stat. § 45a-114.
Why You Still Need to Probate a Will
A will outlines how to distribute probate assets but does not transfer title itself. Probate courts confirm the will’s validity, address creditor claims, and clear title for heirs. Without probate, third parties like banks or land records offices will not accept the will as proof of ownership transfer.
Helpful Hints
- Review how you hold title to every property by checking deeds and county land records.
- Consider a Transfer on Death Deed for residential property you wish to pass outside probate.
- Use a revocable living trust if you own multiple properties or want privacy at death.
- Keep beneficiary designations current for assets like life insurance and retirement accounts.
- Discuss your plan with a probate attorney to avoid common pitfalls and unexpected taxes or fees.