Detailed Answer
Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney before taking legal action.
In Connecticut, you can use a small estate affidavit when no probate administration is pending 60 days after death, and the decedent’s personal property in Connecticut does not exceed $7,500. See Conn. Gen. Stat. §45a-409 (link). To prepare and file the affidavit, you generally need the following documents and information:
- Certified Death Certificate
Obtain a certified copy of the decedent’s death certificate from the Registrar of Vital Records. Courts require an official certificate to verify date and place of death. - Affidavit Form
Use Connecticut’s prescribed Small Estate Affidavit form or draft one that complies with Conn. Gen. Stat. §45a-409. The affidavit must state:- The decedent’s full name, date of birth, date of death, and last residence.
- That no probate administration is pending or has been granted within 60 days after death.
- The total value of decedent’s personal property in Connecticut does not exceed $7,500.
- The name, address and relationship of each heir entitled to the property.
- Your relationship to the decedent and why you qualify to collect assets.
- Proof of Heirship or Will
If a will exists, attach a copy. If there is no will, prepare an affidavit of heirship listing the names, dates of birth and addresses of all next of kin. - Asset Inventory and Valuation
Compile a schedule listing each asset, its description, location and fair market value. Common assets include:- Bank and brokerage account statements
- Vehicle titles or registration documents
- Life insurance policies with cash surrender values
- Personal property (e.g., jewelry, electronics)
- Creditor and Lien Information
Identify any known creditors, mortgages, liens or claims against the estate. You may need:- Copies of loan agreements or mortgages
- Final medical bills or funeral expenses
- Affiant’s Identification
Attach a government‐issued photo ID (e.g., driver’s license or passport) to prove your identity and relationship to the decedent. - Notarization and Filing Fee
Sign the Small Estate Affidavit in front of a Connecticut notary public. Be prepared to pay the clerk’s office filing fee (check local Superior Court schedule).
After filing the affidavit with the court clerk in the decedent’s last place of residence, you can present certified copies to banks, financial institutions or other holders of property to transfer or collect the small estate assets.
Helpful Hints
- Confirm the $7,500 limit for personal property under Conn. Gen. Stat. §45a-409 before proceeding.
- Request multiple certified copies of the death certificate—financial institutions often require more than one.
- Keep a detailed inventory with supporting financial statements to avoid disputes.
- Scan and save all documents electronically in case you need to reprint or refile.
- Contact the court clerk’s office ahead of time for filing hours, fees and any specific local requirements.
- If you discover additional assets later, consult an attorney to determine if summary administration (Conn. Gen. Stat. §45a-397, §45a-398) or full probate is necessary.