Understanding Probate When There Is No Will in Connecticut

Disclaimer: This is educational information, not legal advice. For a specific decision about your situation, consult a Connecticut probate attorney or the local probate court.

Detailed Answer — Do you need probate administration if there is no will?

When a person dies without a will (called dying “intestate”) in Connecticut, the need for probate administration depends on what the decedent owned, how assets are titled, and the kinds of claims or transfers that must be resolved. Intestacy does not automatically mean the probate courts must open a full estate administration, but often some probate action is necessary to clear title, pay debts, and distribute assets under Connecticut law.

Key points:

Assets held jointly or with a beneficiary avoid probate. Accounts titled jointly with right of survivorship, life insurance or retirement accounts with named beneficiaries, and property placed in a revocable trust typically pass outside probate.
Real estate often requires probate to transfer clear title. If the decedent owned real property solely in their name (no joint tenancy and no beneficiary mechanism), a probate process or a court order is usually necessary to transfer title to heirs.
Personal property and small-assets procedures may avoid full administration. Connecticut provides procedures for smaller estates or for securing a short certificate from the probate court to allow transfer of specific assets without full administration. Whether these options apply depends on the types and values of assets and on local probate practice.
Creditors’ claims and taxes. Probate administration creates a formal opportunity for creditors to make claims and for taxes (estate or income) to be resolved. If administration is skipped, claimants might later assert rights that complicate ownership.

In short: if the decedent left significant assets solely in their name (real estate, bank accounts, stocks, vehicles) or if multiple potential heirs may dispute distribution, probate administration is commonly required to legally transfer property and cut off creditor claims. If most property passes outside probate or qualifies for an expedited small-estate remedy, you may be able to avoid a full administration.

For official Connecticut probate information and forms, consult the Connecticut Judicial Branch Probate website: https://www.jud.ct.gov/probate/. To read Connecticut statutes and find rules about intestacy and probate procedures, search the Connecticut General Assembly site: https://www.cga.ct.gov/.

How Connecticut intestacy works (basic explanation)

If the probate process is required and you are distributing an intestate estate, state intestacy rules determine who inherits. Typically, the decedent’s closest relatives—spouse and children—have priority, with more remote relatives only inheriting if no spouse or descendants survive. The probate court applies Connecticut’s intestacy rules to distribute assets when no valid will exists.

Common scenarios (hypothetical examples)

Small bank balance and no real estate: If a decedent had a modest checking account and no titled property, joint accounts or beneficiary-designated assets may pass without full probate. You may be able to use a short certificate or small-estate procedure at the local probate court.
House in decedent’s name only: The house will usually require probate administration (or a court order) so title can be transferred to heirs under intestate succession.
Retirement account with named beneficiary: That account typically bypasses probate and goes directly to the named beneficiary.

When you should talk to a probate attorney or the probate court

Consider getting legal help or contacting the probate court if any of the following apply:

There is real property held solely by the decedent.
There are disputes among family members about who should inherit.
The estate owes debts, including unpaid taxes, or there may be creditor claims.
There are assets whose banks or institutions require a probate or court order to transfer title.

Probate courts in Connecticut can also explain short-form or simplified procedures that may apply to small or straightforward estates.

Helpful Hints

Start by making an inventory: list real property, bank and investment accounts, vehicles, life insurance, retirement accounts, and debts. Note how each asset is titled or whether it has a beneficiary designation.
Contact the local Connecticut probate court early. Courts provide forms, filing requirements, and guidance on whether a full administration is necessary: https://www.jud.ct.gov/probate/.
Look for beneficiary designations on retirement accounts, life insurance, and transfer-on-death registrations—these often mean assets pass outside probate.
If the estate seems small and there are no real estate issues, ask the probate clerk about expedited or small-estate procedures that reduce time and cost.
Keep careful records of notices to creditors, bank statements, and correspondence. Proper documentation helps if you later need to show the court you handled the estate correctly.
Ask whether a short certificate of appointment (or similar document) will allow banks or the land records office to release assets without a full administration.
When in doubt, consult a Connecticut probate attorney. Probate rules and local court procedures can affect whether an administration is required and how to proceed.

Remember: this overview is educational and not legal advice. For specific help, contact the Connecticut probate court for the district where the decedent lived or a Connecticut attorney who handles probate and estate matters.