Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When a person dies in Connecticut, the probate court appoints a personal representative (executor or administrator) to manage the estate. The representative must publish notice to creditors under Connecticut General Statutes § 45a-275 (link). Creditors then have two months after the last publication date to file a formal claim under § 45a-279 (link). Negotiating and settling a creditor claim involves several key steps:
Step 1: Review Notice and Deadlines
Confirm the date of the last publication and calendar the two-month deadline. Claims filed after this period may be barred under § 45a-279.
Step 2: Gather Documentation
Compile invoices, contracts, account statements and any proof of the debt. Clear documentation strengthens your negotiation position.
Step 3: Communicate and Negotiate
Send a written settlement proposal via certified mail. Offer a payment plan or a discounted lump sum. Document all correspondence to create an audit trail.
Step 4: File Objections or Petition to Approve Settlement
If the creditor’s demand seems excessive, file an objection with the probate court. For agreed settlements, submit a petition for court approval. The judge reviews the terms under § 45a-281 (link).
Step 5: Formalize the Settlement
Once the court approves the agreement, obtain the signed order, make payments as agreed, and include the resolution in your final accounting to the court.
When to Consult an Attorney
Complex claims, substantial debts or disputes may require professional legal guidance. An attorney can negotiate terms, draft court filings and represent you in hearings.
Helpful Hints
- Track publication dates and deadlines in a calendar or case management system.
- Maintain organized copies of all debt-related documents.
- Use certified mail or email confirmation to verify delivery of proposals and responses.
- Make realistic settlement offers based on the estate’s liquidity.
- Consider mediation through the probate court’s alternative dispute resolution program.
- Keep all important communication in writing to avoid misunderstandings.