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Connecticut · Probate District 41 of the Connecticut Probate Courts (Conn. Gen. Stat. § 45a-2)

Derby Probate Court Guide

Probate Court information · Updated August 2026

Settling an estate while grieving is hard. This page takes it one step at a time, and free local help is listed below.

$150+
Court filing fee, minimum
30 days
To deposit the will
5 months
Creditor claims, from appointment
(203) 734-1277
Filing office phone
Independent guide · Verified August 2026 · Derby Probate CourtSources (12)

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Not sure if you need probate?

Many estates can avoid probate entirely. Assets with beneficiary designations, joint accounts, and trust assets may pass automatically without court involvement.

Immediate Actions

The first days

First: Get Death Certificates

Required for everything

Town Registrar of Vital Statistics (Connecticut issues death certificates at the town level; there is no county vital records office)

Cost: $20/copy
Get: 8 copies
Online: Available
Order Online
Office info

Secure the Property

  • Lock the residence and secure valuable items
  • Forward mail to a responsible family member
  • Make a list of what you find (don't throw anything away yet)

Locate Important Documents

Will or trust documents
Property deeds
Bank/investment statements
Insurance policies
Vehicle titles
Tax returns (last 3 years)

Required by Law

First 30 days
30 days

Deposit the Will

Anyone holding the decedent's will must deliver it forthwith after learning of the death, either to a named executor or to the judge, clerk or assistant clerk of this Probate Court. Neglecting to deliver it within 30 days carries a fine of up to $1,000, imprisonment of up to one year, or both. Separately, each person who knows they are named executor must apply for probate within 30 days of the death or face a fine of up to $250. There is no fee to deposit a will: the $25 filing fee in § 45a-109(9) applies to any document OTHER THAN A WILL. A will that is not going to be probated is filed with form PC-211. (Conn. Gen. Stat. §§ 45a-282, 45a-283; § 45a-109(9))

Cost: Free
Where: Derby Probate Court
Clerk Website

Creditor claim window

Creditors generally have 5 months from appointment of the first fiduciary to bring claims against the estate. (Conn. Gen. Stat. §§ 45a-354, 45a-356, 45a-357, 45a-363, 45a-375)

Notify Key Parties

  • Banks and credit card companies (to prevent unauthorized use)
  • Social Security Administration (1-800-772-1213)
  • Employer (if applicable) for final paycheck and benefits

Assess Your Situation

Before filing anything

Which probate type is right for you?

1

Small estate? If the estate is worth less than the Connecticut small-estate limit (shown on the options below), you may qualify for simplified procedures.

2

Is there a valid will? If yes, you'll file for probate with will. If no will exists, it's intestate probate.

3

Complex assets? Business interests, real estate in multiple states, or contested claims may require probate administration.

Select a probate type below to see specific requirements and costs.

Which applies to your situation?

Not sure? Use the free checker at the top of this page - you don't have to decide this alone.

Connecticut's small-estate path. Instead of petitioning for probate of a will or letters of administration, an eligible person files a sworn affidavit, form PC-212, with the Probate Court for the district where the decedent resided. The court decides who is entitled to payment and distribution and issues a decree directing whoever holds the assets to transfer or pay them. Real property is an absolute disqualifier: if the decedent held ANY solely owned Connecticut real estate at death, this route is unavailable no matter how small the estate.

  • Aggregate solely owned personal property of $40,000 or less
  • No solely owned Connecticut real property at the date of death
  • Affidavit signed under penalty of false statement
  • Statement of whether the decedent received aid or care from the state
  • List of all solely owned assets and of all claims, expenses and taxes
Qualifies:
$40,000 or less of solely owned tangible and intangible PERSONAL property, excluding property that passes outside probate by operation of law, AND no solely owned Connecticut real property at death
Typical duration:
1-3 months
Attorney:
not required by law, though many families use one

This Probate Court admits the will, or grants administration if there is no will, appoints an executor or administrator, issues fiduciary certificates, and supervises the inventory, creditor claims, estate tax return and final account. The petition is form PC-200, Petition/Administration or Probate of Will, filed in the probate district serving the town where the decedent resided.

  • Petition PC-200 filed with this court if the decedent resided in Ansonia, Derby, Seymour and Woodbridge
  • Hearing on admission of the will, with notice, unless the will is proved without a hearing
  • Inventory (form PC-2407) within 2 months of the fiduciary's qualification
  • Connecticut estate tax return within 6 months of death, for EVERY estate
  • Final account or financial report, with a hearing unless all interested parties waive notice
Qualifies:
No dollar threshold. The default path whenever the § 45a-273 affidavit route is unavailable, which includes ANY estate that holds solely owned Connecticut real property.
Typical duration:
8-14 months
Attorney:
not required by law, though many families use one

Where the only asset is medical, insurance or health benefits or other intangible personal property of $1,000 or less, the judge of probate for the district where the decedent resided may name an administrator ex parte so the money can be paid to the surviving spouse, or if there is none the next of kin, or to the funeral director or physician, on satisfactory evidence that debts have been paid or provided for.

Qualifies:
$1,000 or less of medical, insurance or health benefits or other intangible personal property owned by or payable to the decedent or the estate
Typical duration:
1 month
Attorney:
not required by law, though many families use one

A will proved outside Connecticut may be presented here for ancillary probate on form PC-201 when the decedent owned real property or tangible personal property in one of this district's towns. Only the Connecticut property goes into the Connecticut inventory.

Qualifies:
A nonresident decedent who owned Connecticut real property or tangible personal property
Typical duration:
6-12 months
Attorney:
not required by law, though many families use one

An estate may be declared insolvent on form PC-204, which opens the §§ 45a-376 to 45a-383 insolvency procedure. Claims are then paid in the § 45a-365 order of priority. The Probate Court must set out to the surviving spouse the household goods exempt from execution and may set out other exempt property (§ 45a-435).

Qualifies:
The estate's assets are insufficient to pay claims, expenses and taxes
Attorney:
not required by law, though many families use one

File for Probate

Where to file, forms & fees

Where to File

Office: Derby Probate Court
Address: City Hall, 253 Main Street, 2nd Floor, Ansonia, CT 06401
Hours: Monday to Thursday, 8:00 am to 5:00 pm; Friday, 8:00 am to 1:00 pm
How: in person, mail, efiling
Get Forms E-File Online

Free Filing Help Available

Derby Probate Court (clerk's counter) can help you understand forms and filing requirements at no cost.

Visit Self-Help Center

Other Topics That May Apply

Property & Real Estate

Property transfer after death, recording

Town Clerk (one per town; Connecticut has no county recorder)

Municipal Board of Assessors (Connecticut assesses real property at the town level; there is no county assessor and no county property appraiser) Website

Small Estate Options

Simplified procedures that can avoid full probate

Affidavit in Lieu of Probate of Will/Administration

Applies when the qualifying estate is under $40,000 (Conn. Gen. Stat. § 45a-273).

Absolute disqualifier. If the decedent held ANY solely owned Connecticut real property at death, the affidavit route is unavailable regardless of value.

Earliest filing: 30 days after death.

Form: PC-212

Medicaid Estate Recovery

State may recover Medicaid costs from estate

Important Notice

If the deceased received Medicaid, the state may file a claim against the estate to recover benefits paid.

See the full Connecticut Medicaid estate recovery guide for what is recovered, who is exempt, and how to request a hardship waiver.

Vehicle Title Transfer

Retitle or transfer the deceased's vehicle. Office, forms, fees.

Connecticut Department of Motor Vehicles

Office Website

When a Connecticut vehicle owner dies, who signs the title depends on how the vehicle was titled. A beneficiary named on the certificate of registration, or a surviving joint owner whose names are joined by 'or', takes the vehicle without probate. Otherwise the Probate Court has to name someone first: an executor or administrator assigns the Certificate of Title, or, in a small estate, the court issues a decree that authorizes the transfer directly. Every route ends at the same counter, a Connecticut DMV office, with Form H-13B, the assigned title, proof of the new owner's insurance and a certified Probate Court document.

Transfer scenarios

Beneficiary named on the certificate of registration (no probate, 60-day deadline)

Documents needed:

  • The original certificate of registration in which the beneficiary is designated
  • A death certificate for the deceased owner
  • Proof of the beneficiary's identity as the Commissioner requires
  • The transfer fee required by Conn. Gen. Stat. § 14-16(c)
  • Any applicable registration, title and number plate fees

Not later than sixty days after the death of the owner, the beneficiary applies to the Commissioner of Motor Vehicles for a certificate of title and a certificate of registration in the beneficiary's name. If the beneficiary does not apply inside that window, the beneficiary has no right to obtain ownership of and title to the vehicle under this subsection after it closes.

The beneficiary's right is subordinate to the rights of each lienholder whose security interest is duly recorded under chapter 247. There is no separate downloadable DMV beneficiary form: the designation is made on the registration certificate itself, so the statute is the authority for this route.

Joint ownership with right of survivorship (the title reads 'or')

Documents needed:

  • The Certificate of Title showing two names joined by 'or' (for example, John Jones or Mary Jones)
  • Completed Application for Registration and Title (Form H-13B), signed by the surviving owner
  • A current Connecticut insurance card in the surviving owner's name
  • The most recent registration certificate
  • Acceptable identification for registration

The surviving owner brings the title and Form H-13B to a DMV office by appointment. No Probate Court document is needed, because the surviving owner already acquired the deceased owner's interest by survivorship. Where the two names carry no conjunction at all, the DMV treats either party as able to transfer ownership and requires only one signature.

A titled vessel is the exception: signatures from both owners are required regardless of the conjunction. The DMV's title-service page does not itemise a death certificate for this route; call DMV title services at 860-263-5710 before the appointment to confirm what proof of death that office wants.

Common ownership with no survivorship (the title reads 'and')

Documents needed:

  • The Certificate of Title showing two names joined by 'and' (for example, John Jones and Mary Jones)
  • A copy of the Probate Court document, attached to the Certificate of Title
  • Completed Application for Registration and Title (Form H-13B)
  • A current Connecticut insurance card in the new owner's name
  • The most recent registration certificate

The Probate Court appoints an administrator or executor to convey the deceased owner's interest, and a copy of the probate document is attached to the Certificate of Title. Where the estate falls within the small-estate limits, the court may instead authorize the transfer of the deceased owner's interest by letter, and a copy of that letter is attached to the title. Both owners must otherwise sign all transactions for the vehicle.

Small estate - transfer of personal property without probate proceedings

Documents needed:

  • The court-issued decree or transfer of personal property without probate proceedings (the DMV names Form PC-264 or PC-264S for this)
  • The Certificate of Title assigned to the new owner, or Form Q-1 where the vehicle needs no title
  • Completed Application for Registration and Title (Form H-13B)
  • A current Connecticut insurance card in the new owner's name
  • The most recent registration certificate

The surviving spouse, or if there is no surviving spouse any of the next of kin, files Form PC-212 (Affidavit in Lieu of Probate of Will/Administration) in the Probate Court for the district in which the decedent resided. The court sends a copy to the Department of Administrative Services and cannot issue its decree until thirty days later. The decree, or the transfer certificate the court issues under it, is what the DMV accepts.

The $40,000 test looks at solely owned personal property and EXCLUDES property that passes outside probate by operation of law, so a jointly held car or one with a named beneficiary does not count against it. PC-264 and PC-264S are documents the court issues on the PC-212 affidavit, not forms a petitioner downloads.

Surviving spouse

Documents needed:

  • A certified Probate Court document naming the spouse as administrator or executor, or the court's small-estate decree, unless the vehicle passes by survivorship or by beneficiary designation
  • The Certificate of Title, assigned to the spouse
  • Completed Application for Registration and Title (Form H-13B), with section 5 completed to claim the immediate-family sales tax exemption
  • A current Connecticut insurance card in the spouse's name
  • The most recent registration certificate

Identify how the vehicle is titled first, because that decides the route. If probate is needed, the spouse files in the Probate Court for the district where the decedent resided, then brings the certified court document and the assigned title to a DMV appointment. Sales tax does not apply to a transfer between immediate family members where the vehicle was registered in the decedent's name for at least 60 days.

Two Connecticut reliefs matter here and neither is a title transfer. Under § 14-16(c)(2), where ownership passes to the owner's spouse, brother, sister, father, mother or child, the existing registration continues in force to the end of the registration period on payment of a $20 fee. Separately, under § 45a-320(c), the Probate Court may allow the surviving spouse or family the USE of a car the decedent maintained as a family car during settlement of the estate, requested on Form PC-202.

Probate estate - executor or administrator assigns the title

Documents needed:

  • The Certificate of Title, assigned to the new owner by the executor or administrator; where the vehicle is registered in Connecticut but needs no title, a completed Form Q-1 supplemental assignment of ownership plus a copy of the most recent registration certificate
  • A certified version of the original Probate Court document naming the administrator or executor, or the court's authority to dispose of the vehicle
  • Completed Application for Registration and Title (Form H-13B), with the purchaser as the new owner and the estate as the seller
  • A current Connecticut insurance card in the new owner's name
  • The most recent registration certificate
  • Acceptable identification for registration
  • A permission letter from the immediate family member if the same plates are being kept

Open the estate in the Probate Court for the district where the decedent resided, using Form PC-200 (Petition/Administration or Probate of Will). Once appointed, assign the Certificate of Title to the new owner and make an appointment at a DMV hub or limited-service office. The certified probate document is required at the time the vehicle is registered, not before.

Connecticut does not require an attorney to open a decedent's estate in the Probate Court or to complete the DMV transfer. Larger or contested estates are a different question.

Forms

  • Application for Registration and Certificate of Title(H-13B)
  • Application for Replacement Certificate of Title(H-6B)
  • Supplemental Assignment of Ownership(Q-1)(The DMV links this form to a host that does not respond, so no URL is stored. Request Form Q-1 through the DMV transfer-ownership page or at a DMV office.)
  • Affidavit in Lieu of Probate of Will/Administration(PC-212)(A Probate Court form, not a DMV form.)
  • Petition/Administration or Probate of Will(PC-200)(A Probate Court form, not a DMV form.)

Fees

currencyUSD
Certificate of title fee$25
Lien fee, charged when a lienholder is recorded on the title$10
DMV administrative fee$10
Number plate fee$5
registration transfer$20 minimum, and $20 to continue the registration for a spouse, parent, child or sibling

The $25 title fee, $10 lien fee, $10 administrative fee and $5 plate fee were read on the Connecticut DMV fee schedule at portal.ct.gov/dmv/resources/dmv-fees on 2026-08-01, in the per-vehicle-class block for a regular passenger car, SUV or van. Beware that page's 'Title process fees' heading, which introduces DRIVER'S-LICENSE fees, not vehicle title fees. Registration itself is $120 for a regular passenger car and varies by vehicle class, so it is not an estate-specific figure. The $20 amounts come from Conn. Gen. Stat. § 14-16 itself: § 14-16(c)(2) sets the fee to continue a registration for a close relative and § 14-16(e) sets the minimum fee to transfer a registration to another vehicle.

Small-estate vehicle transfer

Connecticut lets an estate be settled by affidavit, without admitting a will to probate and without letters of administration, when the decedent's solely owned tangible and intangible personal property is worth $40,000 or less and the decedent owned no solely owned real property in Connecticut at death. The Probate Court issues a decree authorizing the holder or registrant of each asset to transfer it, and that decree is what lets the DMV retitle a vehicle.

Threshold: $40,000

The $40,000 test measures SOLELY OWNED personal property and excludes anything that passes outside probate by operation of law, so a car held jointly with survivorship or carrying a § 14-16(b) beneficiary designation does not count toward it. A single solely owned Connecticut property disqualifies the route no matter how small the personal estate is.

Lost or duplicate title

When the Connecticut Certificate of Title has been lost, stolen or damaged, or cannot be found among the decedent's papers. Get the replacement before the transfer appointment, because the executor or administrator has to assign a title that exists.

To replace a title on behalf of a deceased individual, use the mail route. Send a completed Form H-6B signed by the executor or administrator, a lien release if one applies, and a certified version of the original Probate Court document naming the administrator or executor, together with a $25 check or money order, to the Department of Motor Vehicles, Specialized Registry Services, Room 305, 60 State Street, Wethersfield, CT 06161. Allow up to 90 days by mail. The DMV's online replacement service and its in-person route are open to the titled owner rather than to an estate, and the online replacement arrives within 20 business days.

Form:Application for Replacement Certificate of Title(H-6B)

Fee: $25

If a lien is listed on the title, a lien release letter must be submitted with Form H-6B. The letter must be on the lender's letterhead and give the owner's name, the vehicle year, make and identification number, state that the loan is paid in full or that the lender has no interest, and be signed by an authorized agent. Where there is an outstanding lien, the lienholder applies for the replacement title with a power of attorney, by mail only. For a lien more than ten years old that cannot be released, complete section 2 of Form H-6B or file the Motor Vehicle Ownership Affidavit (Form H-115) in place of the release.

Helpful resources

Statewide forms and steps live in the vehicle title transfer guide. If the title cannot be found, see selling a car without a title.

Vehicle sources (15)

You've seen what probate involves. Here's how to spare your own family.

A few simple steps (naming beneficiaries, a transfer-on-death deed where your state allows it, or a living trust) can keep your estate out of court.

See how to avoid probate in Connecticut

Frequently Asked Questions

How much does probate cost in Derby Probate District?
Probate filing fees in Derby Probate District, Connecticut are set by a statewide scale based on estate value; the minimum filing fee shown on this page is $150, and larger estates pay more. Confirm current amounts with the Probate Court before filing.
How long does probate take in Derby Probate District?
Timelines depend on the probate procedure, the court, and whether notice or publication is required. Simplified procedures can range from a few weeks to several months, while full administration often takes 6-12 months or longer.
Do I need an attorney for probate in Derby Probate District?
Attorney requirements depend on the type of administration and your specific situation. Consider talking with a probate attorney before filing or making legal decisions.

More Connecticut Resources

Explore the rest of the Connecticut probate hub.

Do I need probate?5 pages
For the executor5 pages
Money and taxes5 pages
Family and inheritance5 pages
Transfer assets5 pages
File and learn5 pages

Verified against Derby Probate Court on August 1, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Connecticut can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.