Probate faq's

What is probate?

Probate is the legal procedure of settling an estate. During this process the probate court determines whether the decedent's will (if one exists) is valid and appoints someone to administer the estate until it's settled.

How long does the probate process take?

In Connecticut you should expect the probate process to take a minimum of six months to complete. The time period may be longer for larger or more complex estates. If the will is contested, ensuing litigation may take months or years.

Who can serve as an executor or administrator of an estate?

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 give priority to the decedent’s family members when appointing an administrator, 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.

Is it necessary to go through probate?

There is a common misconception that a will negates the need for probate. While a will can make the probate process shorter and easier it does NOT allow an estate to bypass the probate process.

There are however some items that qualify as non-probate assets. These include those held with other owners of whose which have a named beneficiary such as life insurance policies, checking or savings accounts with a payable or transferable upon death designation, jointly owned homes or assets in a living trust.

What is a person dies without a will?

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.

Is it necessary to have a lawyer to probate an estate?

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.

Is there a simplified process?

Connecticut has a simplified and expedited probate process for small estates. You may file a written request with the probate court to utilize this simplified procedure if there is no real estate and the value of the estate is less than $40,000. See CT General Statute Section 45a-273.

How long do I have to file an Estate tax return?

An Estate Tax Return must file be filed with six (6) months of death.

How much does probate cost?

Probate fees are calculated on the value of the estate of a decedent and are established by statute. These fees do not include other costs such as attorney fees or compensation for executors or administrators. In the end, expect to pay between 3-7% of the total estate value. Almost all fees are paid for out of the estate.

The fee formula 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

What if the decedent owned firearms?

Firearms may be sold or transferred only to persons who are legally eligible to receive them such as a federally licensed firearms dealer or holder of a Connecticut Permit to Carry Pistols and Revolvers. An executor or administrator should avoid handling or transporting weapons unless he or she has the necessary training and permits.

As a collector of curios and relics, I hold a Federal Firearms License issued by the ATF and am authorized to take possession or purchase any firearms an estate wishes to dispose of. Please contact us for additional details.

Who do I contact for help?

Does all this sounding daunting? It can be, unless you hire a professional who understands the process. You don't have to tackle the probate process alone. Contact us today and let a Certified Probate Real Estate Specialist (CPRES) guide you from start to finish.

References:

Connecticut Probate Courts (2022) Probate Court User Guide: Administration of Decedents' Estate. Office of the Probate Court Administrator, State of Connecticut.