Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance.
Detailed Answer
Connecticut law requires a clear process to settle an estate’s expenses and creditor claims before heirs receive assets. This process protects both creditors and beneficiaries. The probate court supervises each step under the Connecticut General Statutes (C.G.S.).
1. Appointment of a Personal Representative
After probate of the will or appointment by the court for intestate estates, the probate court names a personal representative (executor or administrator). This individual holds legal authority to manage the estate. The appointment appears in the Letters Testamentary or Letters of Administration.
2. Inventory and Appraisal
The personal representative must file an inventory of the estate’s assets and their fair market values. C.G.S. §45a-317 outlines this requirement. The inventory ensures transparency and establishes the estate’s value before payments begin. C.G.S. §45a-317
3. Notice to Creditors (C.G.S. §45a-329)
Connecticut law requires public notification so creditors can present their claims. Under C.G.S. §45a-329, the personal representative must:
• Publish notice in a newspaper of general circulation in the probate district.
• Provide direct notice to known creditors.
This step opens a claims period, typically four months from the first publication date. C.G.S. §45a-329
4. Claims Period and Deadline
Creditors must file verified claims within the four-month period. Late claims may be barred. During this time, the personal representative reviews each claim for validity and negotiates amounts when necessary.
5. Accounting and Court Approval
Once the claims period ends, the personal representative prepares a detailed accounting of receipts, disbursements (including estate expenses and creditor payments), and the proposed distribution. C.G.S. §45a-323 requires submission of this accounting to the probate court.
C.G.S. §45a-323
6. Distribution of Assets
After court approval of the accounting, the personal representative may pay remaining valid debts and administrative expenses. Only then can the estate distribute the remaining assets to heirs or beneficiaries in accordance with the will or intestate succession laws.
Helpful Hints
- Track deadlines: Journal publication and filing dates trigger the claims period.
- Keep accurate records: Save copies of notices, claims and receipts.
- Obtain professional appraisals: Ensure fair valuations for complex assets.
- Review claims promptly: Address disputes early to avoid delays.
- Communicate with heirs: Explain timelines and anticipated distributions.
- Seek legal advice: A probate attorney can navigate complex creditor disputes.