Does Connecticut Distinguish Between Common and Solemn Form Probate?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
In Connecticut, the probate process does not use the traditional North Carolina labels “common form” and “solemn form” probate. Instead, Connecticut law provides several distinct probate procedures under Chapter 828 of the Connecticut General Statutes (CGS Chapter 828):
- Summary Administration for Small Estates (CGS § 45a-273a):
Available when the decedent’s Connecticut assets do not exceed $100,000 and there are no secured debts. Heirs can collect assets by filing an affidavit in probate court. This process is informal, fast, and cost-effective.
- Formal Administration (CGS § 45a-129):
Used when the estate exceeds the small-estate threshold or when there are disputes among heirs, creditors, or potential beneficiaries. The court appoints an executor or administrator who files an inventory, notifies creditors, and distributes assets under court supervision.
- Ancillary Administration (CGS § 45a-323):
Required when a non-resident decedent owns Connecticut real estate. The executor appointed in the decedent’s home state must file for ancillary letters in Connecticut to transfer that real property.
Connecticut’s procedures focus on informal summary administration for small estates versus formal administration for larger or contested estates. Unlike North Carolina’s “common form” (uncontested) or “solemn form” (contested) probate, Connecticut names and structures its processes by estate size and complexity.
Helpful Hints
- Review CGS Chapter 828 online: https://www.cga.ct.gov/current/pub/chap_828.htm
- Gather asset values and debt information before filing.
- Use the small-estate affidavit under CGS § 45a-273a if eligible.
- Consult probate court staff for local filing requirements.
- Consider hiring probate counsel if your case involves real property or disputes.