Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a person dies owning assets in Connecticut and names multiple heirs (or dies without a will), the probate process ensures fair inventory and distribution. Below is an overview of the steps under Connecticut law.
- Open the Probate Estate
• File a petition for probate or administration in the Probate Court where the decedent lived.
• The court appoints an executor (named in the will) or an administrator (if no will). - Secure and Identify Assets
• Locate bank accounts, real estate, personal property, investments, and digital assets.
• Change locks or secure premises as needed to protect property. - Appoint an Appraiser
• Under Conn. Gen. Stat. §45a-257, the fiduciary (executor/administrator) asks the court to appoint one or more appraisers to determine fair market values of assets: https://www.cga.ct.gov/current/pub/chap_815p.htm#sec_45a-257 - Prepare and File the Inventory
• The fiduciary lists each asset and its appraised value on the official inventory form.
• File the inventory with the Probate Court within 60 days of appointment, per Conn. Gen. Stat. §45a-255: https://www.cga.ct.gov/current/pub/chap_815p.htm#sec_45a-255 - Settle Debts and Taxes
• Notify known creditors and pay valid claims.
• File the final estate tax return and pay any estate or inheritance tax. - Prepare for Distribution
• If a valid will exists, follow its terms.
• For intestate estates, follow Connecticut’s default distribution rules under Conn. Gen. Stat. §45a-436: https://www.cga.ct.gov/current/pub/chap_815p.htm#sec_45a-436 - Petition for Distribution
• Submit a written petition to the Probate Court requesting approval of the proposed distribution plan.
• Include a certificate showing all debts, expenses, and taxes have been paid. - Court Approval and Transfer
• The judge reviews the petition and issues an order of distribution.
• Transfer legal title of real estate via deed; arrange transfer of bank and investment accounts; deliver personal property.
Hypothetical Example: Jane Doe dies owning a home, savings account, and family heirlooms. She names her two children as co-heirs. The appointed executor hires an appraiser, inventories each asset, pays funeral expenses and outstanding debts, then petitions the Probate Court. The court approves distribution: the home sells, proceeds split equally; the savings account transfers equally; heirlooms pass as directed in her will.
Helpful Hints
- Start the probate process promptly to avoid late‐filing penalties.
- Keep detailed records of asset values and disbursements.
- Notify all potential heirs early to reduce conflicts.
- Consider mediation for disputes over appraisals or distribution shares.
- Work with a probate clerk to confirm filing deadlines and form requirements.