Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
1. Determine How the Property Is Titled
Begin by reviewing the deed to confirm ownership and any joint-owner rights. Connecticut recognizes tenancy by the entirety, joint tenancy with right of survivorship and sole ownership. If you hold property as a joint tenant or tenant by the entirety, it may pass automatically to the co-owner. If the decedent held sole title, the property enters the probate estate under Conn. Gen. Stat. § 45a-308.
2. Open a Probate Estate
File a petition in the local Probate Court to open an estate. Submit the original will, if one exists, or apply for administration if the decedent died intestate. Once approved, the court issues Letters Testamentary or Letters of Administration to the personal representative. These letters empower the representative to act on behalf of the estate (Conn. Gen. Stat. § 45a-332).
3. Inventory and Appraise Real Property
Within four months of appointment, the personal representative must file an inventory listing all estate assets, including real property, under Conn. Gen. Stat. § 45a-340. The inventory requires a fair market valuation. You can hire a licensed real estate appraiser or use three disinterested individuals to determine value if the estate is small.
4. Settle Liens, Mortgages and Taxes
Before distributing real property, clear any mortgages, liens or unpaid property taxes. Use estate funds to pay off encumbrances. File a homestead declaration if the property serves as the decedent’s residence (Conn. Gen. Stat. § 45a-816).
5. Transfer Title via the Personal Representative
After settling debts and tax obligations, the personal representative can transfer title. Prepare a deed conveying the property to beneficiaries per the will or Connecticut’s intestacy rules. Attach a court-issued certificate of appointment and record the deed in the town land records. Connecticut law authorizes fiduciaries to convey real estate under Conn. Gen. Stat. § 45a-364.
6. Final Distribution and Closing the Estate
Once the deed records and all distributions occur, file a final accounting with the Probate Court. Obtain court approval to close the estate. The court will issue a discharge releasing the personal representative from further duties.
Helpful Hints
- Keep a certified copy of all court filings and recorded deeds.
- Work with a licensed real estate appraiser to avoid valuation disputes.
- Notify mortgage lenders early to get pay‐off statements.
- Maintain clear communication with beneficiaries about timelines.
- Consider a transfer‐on‐death deed for future estate planning to avoid probate.