Probate FAQ’s
Anyone can be an executor or administrator: a member of the decedent’s family, a beneficiary of a Will, an attorney or a bank. An executor is named in the Will and chosen by the person making the Will. If there is no Will, the court will select an administrator. The law requires the court to appoint a family member, unless it appears that it would not be in the best interests of the parties concerned, in which case the court Will usually appoint an impartial person or a bank.
While not required, it is often advisable for the executor or administrator to consider seeking professional assistance in connection with settling an estate, particularly when preparing tax returns, dealing with substantial or unusual assets or in the event of a dispute among the parties. Probate Court clerks may provide forms and limited assistance with procedural questions but may not give legal advice. The executor or administrator is responsible for completing the necessary forms and taking the other steps necessary to settle the estate.
Upon the death of any person, some or all of the following costs may be payable to settle the decedent’s affairs: funeral expenses, expenses incurred by the executor or administrator in administering the estate, Probate Court fees, fees of an executor or administrator, attorney’s fees, municipal, state and federal taxes and the decedent’s debts.
Probate fees and taxes are fixed by law. (See Questions 17 through 19.) The fees of an executor or administrator and of an attorney are based on the work performed and subject to the approval of the Probate Court. Often, members of the family are willing to serve for little or no compensation.
An estate must be opened if a decedent owned property at the time of death in his or her name alone. It is also necessary to open an estate if the decedent owned assets with others, but the assets were not titled in survivorship. (See Question 5 below.) A court order is required to transfer this type of property from the decedent’s name to heirs or beneficiaries.
The placing of a savings account, shares of corporate stock, bonds or real estate “in survivorship” with another means that each of the named parties has an undivided interest in the asset. Upon the death of a joint owner, his or her interest automatically passes to the surviving joint owner(s). Survivorship property is not included in the probate estate, but it must be reported on the Connecticut estate tax return required to be filed with the Probate Court. (See Question 17.)
Note: Under the provisions of C.G.S. section 14-16, the owner of a motor vehicle can designate a beneficiary on the registration certificate. To obtain ownership of the vehicle after the owner’s death, the beneficiary must make application to the Department of Motor Vehicles within 60 days of the date of death.
Yes. If the total assets left by a decedent in his or her name alone do not exceed
$40,000 and do not include real estate, a simpler small estate procedure can be used. The decedent may own survivorship assets exceeding $40,000 in value and still qualify for this simple procedure. This process is effective for transferring assets, such as bank accounts, shares of corporate stock, bonds, unpaid wages, death benefits, insurance proceeds or motor vehicles.
To use the small estate procedure, the surviving spouse, next of kin or other person files an “Affidavit in Lieu of Probate of Will/Administration,” form PC-212, listing the decedent’s solely owned assets, funeral expenses, expenses associated with settling the estate, taxes and the decedent’s debts. Thereafter, the judge will authorize the transfer of assets to reimburse the person who paid the expenses and debts or, if the assets are needed to pay outstanding expenses or debts, directly to the person(s) entitled to payment. A Connecticut estate tax return is also required for a small estate.
Yes. If the total assets left by a decedent in his or her name alone do not exceed
$40,000 and do not include real estate, a simpler small estate procedure can be used. The decedent may own survivorship assets exceeding $40,000 in value and still qualify for this simple procedure. This process is effective for transferring assets, such as bank accounts, shares of corporate stock, bonds, unpaid wages, death benefits, insurance proceeds or motor vehicles.
To use the small estate procedure, the surviving spouse, next of kin or other person files an “Affidavit in Lieu of Probate of Will/Administration,” form PC-212, listing the decedent’s solely owned assets, funeral expenses, expenses associated with settling the estate, taxes and the decedent’s debts. Thereafter, the judge will authorize the transfer of assets to reimburse the person who paid the expenses and debts or, if the assets are needed to pay outstanding expenses or debts, directly to the person(s) entitled to payment. A Connecticut estate tax return is also required for a small estate.
Estate Planning FAQ’s
Estate planning is the process of organizing your assets, decisions, and wishes so they are handled properly during your lifetime and after your passing. It ensures your loved ones are protected and your intentions are clearly followed.
Yes. Estate planning isn’t just for the wealthy. If you have family, property, savings, or specific wishes about your future, an estate plan helps protect what matters most and avoids unnecessary complications.
A typical estate plan may include:
- Guardianship designations (if you have minor children)
- A Will
- Trusts (if needed)
- Power of Attorney
- Healthcare directives
We take a personalized approach. Before your first meeting, we review your information to understand your family, assets, and priorities. We then work with you to create a plan that fits your goals—clearly explaining options and costs upfront.
We work on a fixed fee basis, so you know the cost in advance. There are no surprise bills for quick calls or questions. Any additional charges are discussed clearly before moving forward.
Yes. Life changes, and your plan should too. Minor updates within the first year are typically handled at no additional cost. For more complex revisions, we will discuss any fees in advance.
You should review your plan every few years or after major life events such as marriage, divorce, the birth of a child, or significant financial changes.
Without a plan, your assets may be distributed according to the law, which may not reflect your wishes. This can create delays, added costs, and stress for your family.
The timeline depends on your needs, but most estate plans are completed within a few weeks after your initial consultation and decision-making process.
Yes. We believe in building long-term relationships and offer guidance beyond the initial planning to ensure your estate plan continues to serve you over time.
Special Needs Resources
Special needs planning is the process of creating a legal and financial plan to support a person with disabilities while protecting their eligibility for benefits and ensuring long-term care and security.
It ensures that your loved one is cared for financially and personally without risking access to government benefits or support programs.
A Special Needs Trust is a legal arrangement that allows funds to be set aside for a person with disabilities without affecting their eligibility for certain benefits. It helps provide additional support for quality of life expenses.
Parents, guardians, or family members of individuals with physical, intellectual, or developmental disabilities should consider creating a plan to secure their loved one’s future.
Direct inheritance may affect eligibility for certain benefits. Proper planning, such as using a trust, helps avoid this issue and protects those benefits.
A guardian makes personal and healthcare decisions, while a trustee manages financial assets. Choosing the right people for these roles is essential for long-term stability.
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Whether you have questions about estate planning, business planning, or any legal matter, we’re here to help. Schedule a consultation today and take the first step toward peace of mind.