How Probate Works in Connecticut

Does Connecticut require probate?

In most cases, yes. Connecticut requires probate for any estate with assets titled solely in the deceased person's name. The state has a well-established Probate Court system that handles these matters efficiently, though the process still takes time.

Estates with personal property under $40,000 and no solely-owned real estate can use a simplified affidavit process. Assets held jointly, in a trust, or with named beneficiaries pass outside probate.

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What court handles probate in Connecticut?

Connecticut has one of the most extensive specialized Probate Court systems in the country, with 54 individual Probate Courts across the state. Each court is led by a publicly elected Probate Judge who handles estates, trusts, guardianships, and conservatorships.

The case is filed in the Probate Court for the district where the deceased person lived. Connecticut redistricted its Probate Courts in 2011, consolidating from over 100 courts to the current 54.

Connecticut imposes a 30-day filing deadline: the person in custody of a will must deliver it to the Probate Court within 30 days of the death (Connecticut General Statutes § 45a-282). This does not mean probate must be completed within 30 days, only that the will must be filed.

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Small estate threshold

Estates where the deceased's personal property is valued at $40,000 or less and the deceased did not own real estate solely in their name can use a simplified affidavit process to collect assets without full probate.

Requirements:

• The total value of personal property does not exceed $40,000.
• The deceased did not own real estate solely in their name.
• The person filing the affidavit is entitled to the property.

For estates that slightly exceed this threshold or include solely-owned real estate, full probate through the Probate Court is required.

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Full probate in Connecticut

Connecticut probate follows a structured process overseen by the Probate Court:

1. File the will with the Probate Court within 30 days of death.
2. Apply for appointment as fiduciary (Connecticut uses the term "fiduciary" rather than "personal representative" or "executor").
3. Notify interested parties. The court sends notice to all heirs and beneficiaries.
4. Publish notice to creditors. Creditors have a limited time to file claims against the estate.
5. Inventory the estate. The fiduciary must file an inventory of estate assets within two months of appointment.
6. Pay debts, expenses, and taxes.
7. File an accounting with the court.
8. Distribute remaining assets to heirs and beneficiaries.

Connecticut probate typically takes six months to a year. The Probate Courts are generally efficient because they focus exclusively on estate and trust matters.

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What if there is no will?

When someone dies without a will in Connecticut, the estate follows the state's intestate succession laws (Connecticut General Statutes § 45a-437).

If the deceased was married:

• Spouse, no children or parents. The surviving spouse inherits the entire estate.
• Spouse and children (all shared). The surviving spouse receives the first $100,000 plus one-half of the remaining estate. The children divide the rest.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the estate. The children divide the other half.
• Spouse and parents (no children). The surviving spouse receives the first $100,000 plus three-quarters of the remaining estate. The parents inherit the rest.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Connecticut different?

54 specialized Probate Courts

Connecticut's network of 54 dedicated Probate Courts is one of the most extensive specialized court systems in the country. These courts handle only estate, trust, guardianship, and conservatorship matters, which means the judges and staff specialize in this area of law.

The Probate Judges are elected by voters in each district, which is relatively unusual. Most states appoint probate judges or have general-jurisdiction judges handle estate matters. Connecticut also has a centralized Probate Court Administrator who oversees all 54 courts and provides standardized forms.

30-day will filing deadline

Connecticut requires a will to be filed within 30 days of the person's death. While this is not as aggressive as Colorado's 10-day rule, it is stricter than many states that have no specific deadline.

The "fiduciary" terminology

Connecticut calls the person who manages an estate a fiduciary rather than an "executor," "administrator," or "personal representative." This is a small difference, but it can cause confusion if you are comparing Connecticut procedures to other states or using forms from outside the state.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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