Detailed Answer — Documents needed to apply for appointment and take the fiduciary oath in Connecticut probate court
This guide explains, in plain language, the documents you will typically need to file with a Connecticut probate court to obtain appointment as a personal representative (executor or administrator) and to take the required oath. Laws and local procedures vary, so use this checklist to prepare before you visit the probate clerk. This is educational information only and not legal advice.
Core documents you should bring
- Certified death certificate — A certified copy of the decedent’s death certificate (not a photocopy). The probate court will usually require this to open an estate.
- Original will (if any) — If the decedent left a will, bring the original document. The original will is normally filed with the probate court for probate.
- Completed application or petition form — The probate court uses standard forms to request appointment (often called a petition for probate or application for appointment of fiduciary). Forms and filing instructions can be found on the Connecticut Judicial Branch probate pages: https://www.jud.ct.gov/probate/
- Identification for the proposed fiduciary — Government photo ID (driver’s license, passport) so the clerk can confirm identity before administering the oath.
Common additional items the court may require
- Renunciations or consents from other nominated fiduciaries — If the will names multiple executors and one person wants the appointment, the others usually must sign formal renunciations or consents.
- Bond or waiver of bond — Some appointments require a surety bond unless the will waives bond or the court dispenses with it. If a bond is required, bring proof that you have secured the bond or signed waivers from the beneficiaries.
- Acceptance of appointment / Oath form — The fiduciary must sign an oath (or take the oath before the probate clerk) and complete any acceptance-of-fiduciary forms supplied by the court.
- List of heirs and beneficiaries — Names and contact information for beneficiaries and known heirs help the clerk prepare notices and process the application.
- Estate asset information (preliminary) — A simple inventory or list of major assets (real estate, bank accounts, securities, vehicles) is useful. A detailed inventory is usually filed later.
- Proof of fiduciary qualifications (if required) — In rare cases the court may request additional documentation about the proposed fiduciary’s age, residency, or incapacity of others nominated.
Situations that change what you must file
- No will (intestate) — If there is no will, you will file a petition for appointment as administrator. The court will expect information about heirs and relationships.
- Small estates — Connecticut has procedures for smaller estates that may require an affidavit in lieu of full administration or simplified forms. Check with the probate clerk or the Connecticut Judicial Branch site for small-estate guidance: https://www.jud.ct.gov/probate/
- Foreign wills or out-of-state issues — Additional paperwork may be needed to admit an out-of-state will or to deal with assets located outside Connecticut.
How the appointment and oath step generally works
- Gather required documents (death certificate, original will if any, ID, completed petition form, any renunciations or bond paperwork).
- File your petition/application with the probate court in the district where the decedent lived. The clerk will accept your filing, check for completeness, and provide instructions about notices or hearings.
- The proposed fiduciary signs an acceptance and takes the oath either in front of the probate clerk or as provided by court rules. After the oath is taken and any bond is posted (if required), the court issues letters (letters testamentary or letters of administration) that authorize you to act for the estate.
Where to find official forms and local instructions
Official probate forms, local contact information, and filing instructions are available on the Connecticut Judicial Branch probate webpages: https://www.jud.ct.gov/probate/ . You can also call or visit the clerk at the decedent’s local probate court for precise local requirements.
Helpful Hints
- Call the local probate clerk before you go. Clerks can confirm which forms and whether originals or certified copies are needed.
- Bring multiple photocopies of everything. The clerk often keeps originals and returns copies.
- If the will names several executors, secure written renunciations from those who do not want to serve to avoid delays.
- Ask the clerk whether bond will be required or whether beneficiaries can waive bond in writing.
- Prepare a short inventory of major assets to speed later administration filings.
- Keep a record of all filings, receipts, and communications with the court; estate administration requires detailed recordkeeping.
- If anything is unclear or contested (for example, disputes about the will or who should be appointed), consult an attorney experienced in Connecticut probate practice.