FAQ

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.
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.

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.

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.

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. A court order is required to transfer this type of property from the decedent’s name to heirs or beneficiaries.

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

It is not necessary to have detailed information about the assets of an estate before beginning the probate process. When little or no information is available, an interested
party may file a Petition/Estate Examiner for Limited Purpose, PC-207 for the appointment of an “estate examiner” with limited authority to obtain information about
the assets of the estate. An estate examiner can, for example, obtain information about bank accounts that would not otherwise be available to a person having no legal
authority. This information may be necessary to determine whether there are any assets or whether the matter may be settled as a small estate. This process may also
be used to obtain medical or other information to determine whether there is a basis to bring a lawsuit, such as for wrongful death, on behalf of the estate. An estate
examiner has no authority over the assets but may be granted access to information. If probate assets are discovered, or a lawsuit on behalf of the estate is necessary, an
estate must be opened.

In most cases, joint survivorship assets between the decedent and family members are immediately available to the survivors without court approval. However, assets in
the name of the decedent alone may not be used until an executor or administrator is appointed, which may take two to four weeks. In an emergency, the court can appoint
a temporary administrator sooner. Once an executor or administrator is appointed, assets may be used to pay expenses and debts. A family car may be used during the
settlement of the estate with permission of the court.

Firearms may be sold or transferred only to persons who are legally eligible to receive them. Transfers of handguns require written application to, and authorization from, the
Department of Emergency Services and Public Protection (DESPP). The department’s Special Licensing and Firearms Unit may be reached at (860) 685-8290 or (888) 335-
Long guns may be transferred in accordance with the above procedure. Alternatively, they may be transferred to a person holding a valid firearms eligibility certificate or permit following a national instant criminal background check performed by a federally licensed firearms dealer. Executors and administrators should also take note that handguns may be legally transported only by an individual holding a valid Connecticut permit to carry a pistol or revolver. An executor or administrator should avoid transporting such weapons unless he or she has the necessary permit. If the decedent owned an assault weapon or one or more large capacity ammunition magazines, special rules apply. Generally, assault weapons and large capacity magazines may not be sold or transferred in Connecticut except to a licensed firearms dealer. They may, however, pass to heirs or beneficiaries under the provisions of a will or the laws of intestacy. The executor or administrator must obtain the approval of the Probate Court before distributing the items to any heir or beneficiary. In addition, the recipient must apply to DESPP for the necessary documentation.

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. 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.

A person in possession of a decedent’s will must deliver it to the Probate Court where the decedent lived within 30 days after the decedent’s death. Ordinarily, the person filing the will also files the Petition/Administration or Probate of Will, PC-200, with the court at the same time. However, if the decedent left no assets in his or her name that would pass under the will, the will is simply filed along with an Affidavit for Filing Will Not Submitted for Probate, PC-211 with the court and not admitted to probate

If the decedent’s will or other important papers are in a safe deposit box, the Probate Court can issue an order authorizing a family member or other person to gain access
to the safe deposit box. The box will be opened in the presence of a bank officer and the contents cataloged. If there is a will in the safe deposit box, it must be filed with the
Probate Court. A similar situation might involve a decedent who lived alone in a house or apartment, and no relative can be found to take proper action. The court has the ability to appoint a temporary administrator to safeguard the decedent’s belongings and take other action to protect the estate

If the decedent had property solely in his or her name, then it is necessary for an appropriate person (usually a family member) to file a petition with the Probate Court
for administration of the decedent’s estate. After payment of expenses and debts, the remaining property is distributed in accordance with the Connecticut laws of intestate
distribution. The estate is called “intestate” because there is no will.

If the decedent is survived by:
Spouse and children* of both decedent and spouse then Spouse takes first $100,000 + 1/2 of the remainder.
Children* take the other 1/2.

Spouse and children* of decedent, when one or more of the children is not a child of the surviving spouse, then
Spouse takes 1/2. All the children* share the other 1/2 equally.

Spouse and parents (no children or descendants), then Spouse takes first $100,000 + 3/4 of the remainder.
Parents take the other 1/4.

Spouse only (no children or descendants, no parents), then All goes to the spouse.

Children* only (no spouse), then All goes to the children.*

Parents (no spouse, no children or descendants), then all goes to the parents.

Brothers* and sisters* (no spouse, no parents, no children or descendants), then all goes to the brothers* and sisters.*

Next of kin (no spouse, no children or descendants, no parents, no siblings or descendants of siblings), then
all goes to the next of kin.

If there is no next of kin, but there is a stepchild,* he or she will be next in line to take.

If there is no stepchild, all goes to the State of Connecticut.

*If a person(s) in this category of heirs has died before the decedent, his or her
descendants take instead

A creditor has a right to look for payment of any outstanding obligation incurred in the decedent’s lifetime from the decedent’s estate. In most cases, creditors and family
members agree on the amount that the decedent owed, and payment is made voluntarily by the executor or administrator. However, a creditor should protect himself
or herself by filing a written claim of the debt with the executor or administrator. If the executor or administrator has given notice that the claims must be filed in a specified
period, the creditor must file the claim by the deadline indicated in the notice. A creditor who fails to submit a claim by the deadline may lose the right to collect the
debt. In many instances, joint assets are not subject to the claims of creditors. However, there are exceptions to this rule that should be carefully considered. For example, the
decedent’s share of a joint bank account may be subject to certain expenses or debts if the estate lacks sufficient funds to pay for them.

Probate fees are established by statute. They are based on all assets in which the decedent had ownership, whether or not the assets are part of the probate estate. The
formula for estates of decedents dying on or after July 1, 2016, is as follows:

Value of Estate Probate Fee
$0 to $500 $25
$501 to $1,000 $50
$1,000 to $10,000 $50, plus .01 of all in excess of $1,000
$10,000 to $500,000 $150, plus .0035 of all in excess of $10,000
$500,000 to $2,000,000 $1,865, plus .0025 of all in excess of $500,000
$2,000,000 to $8,877,000 $5,615, plus .005 of all in excess of $2,000,000
Over $8,877,000 $40,000