New Haven Probate Court Guide

Connecticut's small-estate path. Instead of petitioning for probate of a will or for letters of administration, an eligible person files a sworn affidavit on form PC-212 in the Probate Court for the district serving the decedent's town, and the court decrees who is entitled to the assets. The $40,000 ceiling measures the decedent's SOLELY OWNED tangible and intangible personal property, leaving out anything that passes outside probate by operation of law. Any solely owned Connecticut real property at death closes this route regardless of value. The court sends a copy of the affidavit to the Department of Administrative Services and may not issue its decree for 30 days.

• Aggregate solely owned personal property of $40,000 or less
• No solely owned Connecticut real property at the date of death
• Affidavit on form PC-212, signed under penalty of false statement
• A statement of whether the decedent received aid or care from the state
• A list of all solely owned assets and of all claims, expenses and taxes

Qualifies:

$40,000

Typical duration:

1-3 months

Attorney:

not required by law, though many families use one

The 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, the creditor claims, the Connecticut estate tax return and the final account. The petition is form PC-200, filed in the probate district serving the town where the decedent resided.

• Form PC-200 filed in the probate district serving the decedent's town of residence
• Hearing on admission of the will, with notice, unless the will is proved out of court
• Inventory on form PC-2407 within 2 months after the fiduciary qualifies
• Connecticut estate tax return within 6 months of death, whether or not any tax is owed
• Final account or financial report, with a hearing unless all interested parties waive notice

Qualifies:

No dollar threshold. This is the default path whenever the § 45a-273 affidavit route is unavailable, which includes ANY estate holding solely owned Connecticut real property.

Filing fee (minimum):

$150

- the total scales with estate value source

Typical duration:

8-14 months

Attorney:

not required by law, though many families use one

The 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, tax return and final account. The petition is form PC-200, Petition/Administration or Probate of Will, filed in the probate district of the decedent's town of residence.

• Petition PC-200 filed in the probate district where the decedent resided
• Hearing on admission of the will, with notice, unless the will is proved out of court under § 45a-285
• Inventory (PC-2407) within 2 months of qualification
• Connecticut estate tax return within 6 months of death
• 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.

Attorney:

not required by law, though many families use one

Where a decedent is entitled to payment of medical benefits, insurance or health benefits or proceeds, or other intangible personal property, in a sum not exceeding $1,000, the judge of probate for the district where the decedent resided may name an administrator ex parte to enable distribution to the surviving spouse, or if none the next of kin, or to the funeral director or physician, on satisfactory evidence that all debts have been paid or provided for under § 45a-365.

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

Attorney:

not required by law, though many families use one

A will proved outside Connecticut is presented for ancillary probate on form PC-201 in the district where the Connecticut property lies. Only the Connecticut real property and tangible personal property go into the Connecticut inventory when the proceeding is ancillary to another state's administration.

Qualifies:

A decedent who lived outside Connecticut but 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