Our Probate Process - Connecticut Probate

How we do things here

What is the Probate Process?

Phase One

Initial Consultation

The personal representative (called “executor” when there is a will) is the individual appointed to manage the estate. We schedule an initial consultation to review the assets and heirs of the decedent and advise on how probate proceeds. Personal representatives are assigned tasks to find information necessary for completing the probate petition. As required by the Court, all parties namely beneficiaries and heirs should be noticed; most courts also require that a copy of the Will be sent to all interested parties.

Phase two

Submission

The original will and “Probate of Will” or “Petition/Administration” must be submitted accompanied by codicils, if any, and a certified copy of the death certificate within 30 days of the decedent’s death. An “Application for Probate” must be submitted, too, which asks for the Court to appoint the Executor named in the Will. Alternatively, an “Application for Administration” will be filed asking the Court to appoint an attorney or family member or friend as fiduciary, if the Will cannot be found.

We then file these documents with the court on your behalf. Once filed, the court sets a hearing date where it decides whether to approve our request under your petition.

Phase three

Inventory

Upon the submission of “Petition for Probate,” an “Executor” will be appointed. Inventory and Appraisals are due to the court no later than 120 days after the personal representative has been appointed. This lists the monetary value of items including real estate, cars, art pieces, jewelry and more. The inventory and appraisal determines the overall value of the estate.

Phase four

Administration

During the next 12 – 18 months, the Executor must make claims for any insurance proceeds, determine the best valuation asset date for preparation of the Estate Tax Return (which is different from the Income Tax Return); file an Income Tax return for each year the Estate remains open; take steps to clear title of any Real Estate by paying the Estate taxes and Probate Fees and obtaining /filing certificates on the land records, and resolve any disputes with heirs, creditors, or others.

When all issues have been resolved, the Executor will file a detailed Accounting which shows, to the penny, all of the money that came into the estate, all of the administration expenses paid, and the anticipated distribution to creditors.

This Accounting must be typically approved by the Court before any money is paid out to the Beneficiaries.

Phase five

Claims

Probate creates a process for creditors to submit claims against a deceased person’s estate. Any medical expenses arising from a final illness are addressed at this time as well as any burial or cremation expenses. Other creditors including mortgage holders, credit cards, car loans or past-due utilities may also file claims.There are very specific laws surrounding the method for creditors to submit their claims.

Creditors failing to follow the law by properly filing a claim against the estate may not receive payment. We take great care reviewing creditor claims to ensure that undeserving claims are not compensated which results in larger distributions to our clients and their families.

Phase six

Distribution

The probate process ends with obtaining a court order to distribute the decedent’s assets. Items that can be transferred become the property of listed heirs. The Court, giving him or her the legal authority to take actions on behalf of the estate, will issue a “Letters Testamentary” to the Executor.

The Executor is then charged with gathering and inventorying all of the estate’s assets. His Report (“Inventory”) must be submitted to the Court early on in the process. The Executor must also make a list of all debts, and assess each creditor’s claim to determine it’s validity. Again, his final report must be filed with the Court.

Phase seven

Closing

An Affidavit of Closing must be submitted with the Court after the Accounting is approved, showing that the distributions were, in fact, made. Once this is complete, The Court will issue an Order and distribute the properties of the estate to the heirs. Case closed.

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