Probating a Will Without Full Administration in Connecticut: How Real Property Title Transfers

Disclaimer: I am not a lawyer. This article explains general Connecticut probate concepts and is not legal advice. For advice about a specific estate, contact a Connecticut probate attorney or the local probate court.

Detailed answer — overview

When a person dies leaving a will in Connecticut, the will typically needs to be presented (admitted) to the Probate Court in the district where the decedent lived. The typical outcome is that the court admits the will and appoints the executor named in the will. That executor then collects assets, pays valid debts, and distributes remaining property according to the will.

“Probate without administration” (sometimes called summary or limited probate in everyday terms) describes situations where a will is admitted but no full, formal administration is required because the estate is simple, the decedent’s debts are minimal, or the assets pass outside the estate. In Connecticut, even when the estate does not undergo full administration, real property that is devised by the will does not transfer automatically on admission alone; the person receiving the property usually needs proof of the executor’s authority or another court order to update the land records and clear title.

How real property title is transferred under a will in Connecticut — step by step

Present the original will to Probate Court.

File the original will (and a death certificate) with the Probate Court in the district where the decedent was domiciled. The court will review the will and enter an order admitting it to probate if it is valid.
Appointment of personal representative (executor) or decision not to appoint.

If the will names an executor and that person petitions, the court typically appoints the executor and issues a certificate of appointment or letters testamentary stating the executor’s authority. In limited cases, beneficiaries may agree that no formal administration is necessary; however, if real estate must be transferred, the court usually issues some form of authority (certificate) or the executor is appointed to sign a deed.
Executor’s authority to transfer title.

To convey real property that the will devises, the person conveying title (usually the executor) executes a deed conveying the property to the beneficiary named in the will. The deed is generally an “executor’s deed” or “deed by executor” and should be accompanied in the land records by the Probate Court’s certificate of appointment or similar document that demonstrates the executor’s authority. Recording the deed with the town clerk/registrar where the property lies is the standard method to effectuate the title transfer.
Clearing liens, mortgages, and taxes.

Before or at the time of transfer, the estate must address valid liens, mortgages, unpaid property taxes, and other encumbrances. The executor typically pays these out of estate funds. If a mortgage remains, the beneficiary receives the property subject to that mortgage unless the mortgage is paid off or refinanced.
When the probate is informal/limited.

Even if the Probate Court determines that full administration is unnecessary, a court certificate or an order may still be required to show authority to execute a deed. Some small or uncontested estates use simplified procedures, but title companies and town registrars may still require an appointment document or an order transferring the property before they will insure or accept the deed.

Key documents you will likely need

Original Last Will and Testament.
Certified death certificate.
Application to admit will and any probate forms required by the local Probate Court.
Certificate of appointment / letters testamentary or court order demonstrating authority to convey.
Executor’s deed or other conveyance document, properly drafted and signed.
Any payoff letters for mortgages or lien releases, and an up-to-date title search if required.

Timing and costs

Admitting a will and obtaining a certificate of appointment in Connecticut is usually a matter of weeks in uncontested cases. The cost includes modest Probate Court filing fees and the professional fees if you use an attorney or a title company. Transfer of title is not complete until a properly executed and recorded deed and any required Probate Court documents are filed in the town land records.

Practical example (hypothetical)

Hypothetical: Jane Doe dies leaving a will that devises her home outright to her nephew. The nephew brings the original will and the death certificate to the local Probate Court. The court admits the will and issues a certificate appointing the named executor. The executor obtains a current mortgage payoff and executes an executor’s deed conveying the home to the nephew. The nephew records the deed and the Probate Court certificate in the town land records. Title now reflects the nephew as owner, subject to any surviving encumbrances.

When you should consult an attorney or title company

If the estate has significant debts, mortgages, or multiple creditors.
If the will is contested or unclear about the devise.
If multiple beneficiaries claim the same property or there are missing heirs.
If a title company or town registrar refuses to record a deed without a court order.

Where to find official Connecticut probate resources

For forms, filing guidance, and contact information for local Probate Courts, see the Connecticut Judicial Branch Probate Court pages: https://www.jud.ct.gov/probate/. For general Connecticut laws and statutes, consult the Connecticut General Assembly website and look under the probate and estates provisions: https://www.cga.ct.gov/current/.

Helpful hints

Bring the original will to the Probate Court; the court will keep or mark it after admitting it.
Get a certified copy of the death certificate early; probate filings typically require it.
Ask the Probate Court clerk which documents they will issue to prove an executor’s authority — many clerks issue a certificate of appointment that helps when recording deeds.
Obtain a title search before recording a deed to discover liens, prior claims, or title defects.
If a title company refuses to insure title, consider getting a court order clarifying the executor’s authority or seek counsel to resolve disputes.
Keep good records: inventories, receipts, and communications with creditors help the executor avoid personal liability.
When in doubt about deadlines (creditor claims, taxes) consult a probate attorney — missing a deadline can create liability or complicate title transfer.

If you want, provide the county or the probate district and any facts about liens, mortgages, or disputes, and I can outline the likely local steps and documents you will need.