Probate in Connecticut: A Step-by-Step Guide
Probate in Connecticut follows a structured sequence: file the will, open the estate, inventory assets, handle creditor claims, pay debts and taxes, distribute what remains, and close the estate with a final accounting. The whole process typically takes nine to eighteen months, though complicated or contested estates can stretch much longer.
Before going through each step, one threshold question: does this estate need full probate at all? If the decedent’s solely owned personal property totals $40,000 or less and the decedent owned no real property in Connecticut, you may be able to settle the estate with a simple affidavit under CGS 45a-273. See our small estates page for details on that shortcut. Joint accounts, payable-on-death designations, and assets with named beneficiaries (life insurance, retirement accounts) pass outside probate entirely, regardless of value.
For everyone else, here is how full probate works in Connecticut.
Step 1: File the Will with the Probate Court
Anyone who has custody of a decedent’s will must file it with the probate court for the district where the decedent lived. CGS 45a-282 requires this within 30 days of learning of the death. Failing to file carries potential penalties, and deliberately suppressing a will is a serious legal matter.
Filing the will does not, by itself, open the estate. It puts the document on record with the court. If there is no will, you skip this step and proceed directly to petitioning for administration.
Step 2: Open the Estate and Appoint a Fiduciary
To start the actual probate process, someone must petition the court for either admission of the will to probate (if there is one) or for letters of administration (if there is no will). The court uses Form PC-200 for the application.
If the decedent left a will naming an executor, the court will typically appoint that person, assuming they are qualified and willing. If no executor is named, or if the named person declines, the court appoints an administrator under CGS 45a-290. The surviving spouse generally has first priority, followed by other next of kin.
The court holds a hearing on the petition, as required by CGS 45a-286, with notice to all interested parties. Once the judge is satisfied, the court issues a decree admitting the will (if applicable) and appointing the fiduciary.
Most fiduciaries are required to post a bond unless the will specifically waives it, per CGS 45a-289. The bond protects beneficiaries if the fiduciary mismanages the estate.
Step 3: Obtain the Fiduciary Certificate
Once appointed, the fiduciary needs a way to prove their authority to banks, title companies, insurance carriers, and other institutions. That proof is the fiduciary certificate, issued by the probate court under CGS 45a-200.
The certificate is valid for one year from the date of issuance and can be renewed. You will need certified copies; most fiduciaries order several at once because nearly every financial institution and government agency will require an original. The court charges a per-copy fee.
Step 4: File the Inventory Within Two Months
Under CGS 45a-341, the fiduciary must file a sworn inventory of all estate assets within two months of qualifying (posting bond or otherwise being approved). The court can extend this to four months for good cause. The inventory must include:
- All personal property (bank accounts, investments, vehicles, personal effects)
- Real property in Connecticut (described by legal description)
- Personal property located outside the state
- Fair market values as of the date of death
Real property outside Connecticut is excluded from the inventory. The fiduciary appraises or arranges for appraisal of all listed property at fair market value. For publicly traded securities, date-of-death values are straightforward. For real estate, business interests, or unusual assets, a professional appraisal is usually necessary.
Step 5: Notify Creditors
CGS 45a-354 requires the fiduciary to give notice to the decedent’s known creditors. The fiduciary may also need to publish a notice to unknown creditors, depending on the circumstances. The notice informs creditors that the estate has been opened and gives them a deadline to file claims.
Creditors must file their claims within the period set by the court. Claims not filed on time are generally barred by the statute of limitations provisions of CGS 45a-375.
The notice-to-creditors step is critical. Distributing assets before the claims period expires can make the fiduciary personally liable if there turn out to be outstanding debts. See our creditor claims page for a deeper discussion.
Step 6: Manage the Estate
With the inventory filed and creditor notices sent, the fiduciary enters the management phase. Responsibilities during this period include:
- Paying valid debts and ongoing expenses. Mortgage payments, utility bills, insurance premiums, and other obligations do not pause because someone died.
- Managing and protecting assets. Real property must be maintained and insured. Investment accounts may need attention. A vacant house may need winterization or security measures.
- Filing tax returns. The fiduciary files the decedent’s final personal income tax return (federal and state) for the year of death. If the estate earns income during administration (interest, rent, dividends), the fiduciary must file a fiduciary income tax return (IRS Form 1041 and CT-1041).
- Applying investment standards. CGS 45a-234 incorporates the Uniform Prudent Investor Act, which requires the fiduciary to manage estate investments with reasonable care, skill, and caution.
This phase is often the longest. Complex estates with real property to sell, business interests to wind down, or tax disputes to resolve can stay in this stage for a year or more.
Step 7: File Estate Tax Returns (If Required)
Connecticut imposes its own estate tax with a filing threshold that has changed in recent years. If the gross estate exceeds the applicable Connecticut threshold, the fiduciary must file Form CT-706/706NT with the Department of Revenue Services within six months of death (CGS 12-392(a)(1)), with extensions available. This deadline is shorter than the federal nine-month deadline, so track it carefully. See our estate tax guide for current rates and exemptions.
At the federal level, IRS Form 706 is required if the gross estate exceeds the federal exemption amount. Most estates fall below the federal threshold, but the Connecticut threshold has historically been significantly lower, catching more estates.
The estate tax return is separate from the income tax returns discussed above. A common mistake is confusing the two.
Step 8: Obtain Tax Clearance
Before distributing assets, the fiduciary should obtain a tax clearance from the Connecticut Department of Revenue Services. CGS 12-378 governs the process. The probate court can also issue an opinion that no tax is due for smaller estates.
Tax clearance confirms that all state tax obligations have been satisfied. Without it, the fiduciary risks personal liability for any unpaid taxes. Most Connecticut probate courts will not approve a final account without evidence of tax clearance.
Step 9: Distribute to Beneficiaries
Once debts, expenses, and taxes are paid, the fiduciary distributes the remaining assets. If there is a will, distribution follows its terms. If there is no will, distribution follows Connecticut’s intestacy statute, CGS 45a-437 (see our intestacy rules page).
Before distributing, the fiduciary should:
- Confirm the creditor claims period has expired
- Verify tax clearance has been obtained or is not required
- Reserve enough funds to cover the costs of closing the estate (court fees, attorney fees, final accounting preparation)
- Get receipts from beneficiaries acknowledging what they received
Partial distributions during administration are permissible when the fiduciary is confident that sufficient assets remain to cover all obligations. But premature distributions carry risk, and most cautious fiduciaries wait until the picture is clear.
Step 10: File the Final Account and Close the Estate
The final step is filing an accounting with the probate court showing all receipts, disbursements, and distributions. CGS 45a-175 through 45a-181 govern the accounting requirements.
The final account must detail:
- All assets received by the fiduciary (from the inventory and any later-discovered assets)
- All income earned during administration
- All expenses, debts, and taxes paid
- All distributions made to beneficiaries
- Any remaining assets and proposed disposition
The court reviews the account and, after notice and hearing under CGS 45a-179, enters an order approving it. Once approved, the fiduciary is released from further liability for the matters covered by the account.
Some estates qualify for a simplified financial report under CGS 45a-176, which can be used in lieu of a formal account when all beneficiaries consent and the estate is straightforward.
A Note on Timing
Simple estates with cooperative beneficiaries, no real property to sell, and no tax issues can sometimes close in six to nine months. More realistically, most estates take twelve to eighteen months. Estates with contested matters, complex tax situations, or hard-to-sell assets can take two years or more.
Working with a Connecticut probate attorney from the start helps avoid the procedural missteps that cause delays. Each of the 54 probate districts has its own local practices, and an attorney familiar with your particular court can keep the process moving efficiently.
For estates involving will contests or disputes among beneficiaries, see contested probate in Connecticut. If the decedent owned real property in another state, ancillary probate and out-of-state property will add steps to the process. For an overview of Connecticut’s probate court system and how to find your district, see how the 54 probate districts work.