This FAQ explains, in plain language, the typical steps an executor (personal representative) in Connecticut follows when selling estate real property to pay debts. It describes the probate process, the paperwork you will need, and practical tips. This is educational information only and not legal advice.

Overview — what an executor must do first

As executor you act as a fiduciary for the estate. Your main duties are to identify and protect assets, notify creditors, pay legitimate debts and taxes, and distribute remaining assets under the will or state law. Selling real property to pay debts is a common step, but it usually requires court authority unless the will specifically gives you a power of sale.

Step-by-step process (Connecticut)

1. Confirm your appointment and get official paperwork. You must be appointed by the probate court and receive letters testamentary or letters of administration before acting. Contact the local probate court that has jurisdiction. For general probate information, see the Connecticut Probate Court website: https://www.ctprobate.gov/.
2. Identify and secure estate assets, including the property. Determine whether the real estate is owned solely by the decedent, jointly, or subject to mortgage or other liens. Secure the property if needed (change locks, maintain insurance).
3. Review the will for sale authority. Some wills include a specific power of sale that lets an executor sell estate real property without prior court approval. If the will contains that power and the sale complies with any conditions in the will, a court order may not be required. If there is no power of sale, or its scope is unclear, you will usually need the probate court’s permission before selling.
4. Notify creditors and gather claims. Begin the creditor-notice and claims process required by Connecticut probate practice. You must identify known creditors and publish notices as the court requires. Collect written claims and sort them by priority (administration expenses, secured debts like mortgages, funeral expenses, taxes, and unsecured creditors).
5. Determine how much must be raised by the sale. Prepare a proposed plan showing estate assets, liabilities, and how much cash is needed to pay debts, taxes, and administration costs. Include estimates for closing costs and potential taxes. This helps the court evaluate the request to sell.
6. If needed, petition the probate court for authority to sell. File a petition or motion with the probate court seeking approval to sell the real property. Attach relevant documents: a copy of the will (if any), your letters, a proposed sales contract or proposed terms, and any appraisal or broker opinion of value. The court will review and may schedule a hearing. The Connecticut Probate Court website has forms and guidance for fiduciaries: https://www.ctprobate.gov/.
7. Provide valuations and notice to interested parties. The court will expect evidence of fair market value — typically an appraisal or a qualified broker’s comparative market analysis. The court may require notice to heirs, devisees, and interested creditors before granting permission to sell.
8. Obtain a court order authorizing the sale (if required). If the court approves, it will issue an order authorizing the sale on the stated terms or subject to conditions (for example, requiring that proceeds be deposited in a blocked account until claims are resolved). Keep a certified copy of the order with the title company or closing agent.
9. Clear liens and arrange closing. Before or at closing, arrange payoff of secured debts (mortgages, tax liens). The title company will perform a title search and prepare payoff figures. Use sale proceeds to pay mortgage(s), liens, closing costs, and the estate’s administration expenses as required by the court or Connecticut law.
10. Complete the sale and record documents. Sign the deed as the estate’s representative using your letters and the court order (if required). Record the deed with the town clerk and obtain releases or satisfaction of mortgage liens as appropriate.
11. Account to the probate court and close the estate. After the sale and after claims are resolved, file required accountings and receipts with the probate court showing how you used the proceeds to pay debts, taxes, expenses, and distribute any remaining funds. Seek discharge from the court when administration is complete.

Priority of payments and common pitfalls

• Secured creditors (mortgages) must be paid from sale proceeds to clear title.
• Administrative expenses and estate taxes have priority; failing to reserve funds for taxes can cause personal exposure if distributions are made too early.
• Do not distribute sale proceeds until the court allows final distributions — unresolved claims can expose you to liability.
• Errors in procedure (selling without authority, improper notice, or failing to clear liens) can delay closing and lead to personal liability for the executor.

Where to find Connecticut law and court rules

Connecticut’s probate procedures are governed by state statutes and the rules and practices of the probate courts. For statute texts and a full collection of state law, start at the Connecticut General Assembly website: https://www.cga.ct.gov/. For practical forms, fiduciary guides, and local probate contact information, use the Connecticut Probate Court site: https://www.ctprobate.gov/.

When to get legal help

If the estate holds real property with mortgages, title issues, complex creditor claims, tax questions, or if heirs object to the sale, consult a Connecticut probate attorney. An attorney experienced in Connecticut probate can draft the petition to the court, handle hearings, and reduce your personal risk as fiduciary.

Disclaimer: This article provides general information about Connecticut probate practice and selling estate real property. It does not create an attorney‑client relationship and is not legal advice. For advice about a specific estate, consult a licensed Connecticut probate attorney or contact the local probate court.

Helpful Hints

• Obtain your letters testamentary/administration before acting; the probate court issues these.
• Check the will for a power of sale — it can simplify the process.
• Get at least one professional appraisal or a broker price opinion to document fair market value.
• Order a title search early to identify mortgages, liens, or easements that affect saleability.
• Communicate clearly and early with heirs and creditors to reduce disputes and delays.
• Keep detailed records of every transaction; you’ll need them for the court accounting.
• Use a closing agent experienced in probate closings; they know courtroom documents the title company will need.
• Reserve funds for expected estate taxes and administration expenses before distributing cash to heirs.
• If the estate faces foreclosure risk, seek court permission for a quick sale and coordinate with the lender to avoid loss of value.
• When in doubt, consult a Connecticut probate attorney to limit your personal exposure as executor.