What steps are required to transfer a property interest located out-of-state in Connecticut when all heirs agree and formal ancillary probate may not be needed? | Connecticut Probate | FastCounsel
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What steps are required to transfer a property interest located out-of-state in Connecticut when all heirs agree and formal ancillary probate may not be needed?

Transferring an Out-of-State Property Interest in Connecticut When All Heirs Agree

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.

Detailed Answer

When a Connecticut decedent owned real estate in another state, you usually must open an ancillary probate proceeding there under Connecticut General Statutes §45a-215 (Ancillary Administration). Some states, however, allow a streamlined transfer when the estate’s value is under a statutory threshold and all heirs agree. If you qualify, you may avoid formal ancillary probate by following the property-state’s summary process. Below are the general steps:

  1. Identify the Property Jurisdiction: Determine the state where the real estate is located. Each state has its own probate and summary disposition statutes.
  2. Review the Foreign State’s Summary Procedures: Locate the small estate or affidavit-of-heirship rules. For example, Georgia permits an Affidavit of Heirship for non-probate transfer.
  3. Gather Connecticut Probate Documents: Obtain certified copies of:
    • Death certificate
    • Letters testamentary or administration from the Connecticut probate court under CGS §45a-215
  4. Prepare and Sign the Affidavit: Draft the affidavit or declaration required by the foreign state. Include:
    • Names of all heirs
    • Legal description of the property
    • Statement of no pending disputes

    Sign before a notary public as required by the property state’s law.

  5. Record the Affidavit: File the affidavit with the county recorder or clerk where the property sits. Pay any recording fees.
  6. Obtain Certified Title Update: After recording, request a title update or new deed from the local land records office to show the heirs as owners.
  7. Maintain Records: Keep copies of all recordings and affidavits in your Connecticut probate file.
  8. If Summary Procedures Do Not Apply: If the foreign state does not offer a small estate affidavit or the estate exceeds the threshold, you must open a formal ancillary probate in that state.

Helpful Hints

  • Confirm thresholds: Small estate limits vary by state—verify current dollar amounts.
  • Use statutory links: Access the foreign state’s website for official forms and instructions.
  • Communicate early: Coordinate with all heirs before drafting affidavits to prevent delays.
  • Retain professionals: Consider a local attorney or title company in the property’s state for recording nuances.
  • Track deadlines: Some states impose filing deadlines after the decedent’s death.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.