Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice.
When property owners die intestate (without a will) in Connecticut, their heirs inherit title by operation of law. To transfer—or “convey”—their inherited interests to a third party, heirs generally sign a quitclaim deed that includes a recital of heirship and attaches a Certificate of No Administration from the Probate Court. This process ensures a clear chain of title and satisfies Connecticut recording requirements.
Why a Quitclaim Deed?
A quitclaim deed conveys only the interest that the grantor (the heir) actually holds, with no warranty against title defects. This makes it ideal for intra-family or heir-to-heir transfers where full title insurance isn’t required. By reciting the facts of death and heirship in the deed, the grantor confirms their capacity to convey.
Obtaining a Certificate of No Administration
Under Conn. Gen. Stat. § 45a-327, heirs must obtain a Certificate of No Administration (also called Certificate of Distribution). The Probate Court issues this document when no formal administration is open, confirming the decedent died intestate and identifying lawful heirs.
Key Elements of the Heirship Quitclaim Deed
- Grantor and grantee names.
- Legal description of the property, matching the land records.
- Recital of the decedent’s name, date of death, and statement that no administration is pending.
- Attachment of the Probate Court’s Certificate of No Administration.
- Notary acknowledgement under Conn. Gen. Stat. § 47-11.
Recording the Deed
To record the deed in the land records:
- Prepare a certified copy of the decedent’s death certificate.
- Obtain the Certificate of No Administration from the Probate Court.
- Submit the quitclaim deed, death certificate, and certificate of no administration to the Town Clerk or Registrar of Land Records in the town where the property lies.
- Pay the recording fees and any real estate conveyance tax under Conn. Gen. Stat. § 12-494.
- The Clerk indexes the document under the grantor’s name and the property’s land records volume and page.
Helpful Hints
- Confirm the decedent died intestate and locate heirs at law through Probate Court records.
- Obtain exact legal descriptions from the current deed to avoid recording rejections.
- Use a standardized Connecticut quitclaim deed form, often available from the town clerk’s office.
- Ensure all heirs sign the deed; missing signatures may invalidate the transfer.
- Verify notary requirements: the deed must be acknowledged by a Connecticut‐commissioned notary public.
- Check for any outstanding liens or mortgages before recording.
- Retain certified copies of all recorded documents for your files.