Probate Administration

CT Probate Attorney

What is Probate? Confused? We can help.

Whether you’re searching for a CT probate attorney to answer your questions about the probate administration process, to help you through the probate process, or possibly to “just handle the whole thing,” you came to the right place. You can find the answers to frequently asked probate questions here. You can download a pamphlet from the Connecticut Probate Court here. If your loved one just died, you can find out what steps to take immediately here.

We help families deal with the increasingly complicated Connecticut probate process. Unlike some CT probate attorneys, We don’t base my fees on a percentage of the estate. To help keep costs down a great deal of the work is performed by an experienced paralegal. She knows the ins and outs of the administrative side of the probate system. When you work with us, you can either contact her directly, or you can talk to attorney Basche. Together we will help you through a difficult process during an emotionally challenging time.

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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.

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Will you put this off until tomorrow? None of us has a crystal ball. Healthy as you may be, safe as you think you are, bad things can happen. My goal is not to provide you with an estate plan, it is to provide you with peace of mind. The peace of mind that comes from knowing that if something unexpected happens, you have a plan in place to deal with it.

You’ve waited long enough. Get started today.