Detailed Answer
When someone dies owning assets in Connecticut, you must open a probate estate, file required court documents and then notify creditors so they can make claims. Below are the key steps under Connecticut law:
1. Open the Probate Estate
- Visit the probate court in the district where the decedent lived.
- File a Petition to Open an Estate with the court clerk. Include the original death certificate and any will.
See Conn. Gen. Stat. §45a-248: cga.ct.gov/current/pub/chap_828.htm#Sec45a-248. - Pay the required filing fee (varies by district).
- The court issues Letters of Administration or Letters Testamentary, appointing you as fiduciary.
2. File Inventory and Bond (If Required)
Within 30 days after receiving letters, submit an estate inventory listing assets and their values. If the will or court requires a bond, file a surety bond to guarantee faithful administration.
3. Give Notice to Creditors
Under Conn. Gen. Stat. §45a-251, you must alert creditors both by mail and by publication:
- Mail Notice to Known Creditors: Within 30 days of appointment, send each known or reasonably ascertainable creditor a written notice by first-class mail.
- Publish Notice in a Newspaper: Also within 30 days, publish a notice to creditors once a week for two consecutive weeks in a newspaper with general circulation in the probate district.
See Conn. Gen. Stat. §45a-251: cga.ct.gov/current/pub/chap_828.htm#Sec45a-251.
The notice must state the filing deadline, which is generally six months after letters issue, but verify exact timing in your district.
4. File Proof of Publication and Affidavits
- After publication, obtain a publisher’s affidavit or certificate of publication from the newspaper.
- File that affidavit with the probate court promptly.
- File affidavits of mailing to each known creditor.
5. Handle Creditor Claims
Creditors have the time period set in the notice to present claims. When a claim arrives:
- Review it for validity.
- File any objections in writing with the probate court.
- Pay allowed claims from estate funds after court approval.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.
Helpful Hints
- Keep strict track of all deadlines once letters issue.
- Use certified mail with return receipt for notices to creditors.
- Choose a newspaper approved by your probate district.
- Maintain organized copies of every filed document and receipt.
- File proof of publication and mailing affidavits quickly to avoid court delays.