Probate for Small CT Estates

Small Estate Affidavit Requirements

In Connecticut, an estate qualifies as "small" if the value of its assets subject to probate is <$40,000, and it does not contain any real estate owned solely by the decedent.

In calculating estate value, you should value assets as of the date of death, and ignore any debts. Do not include assets that would not normally go through probate, such as community property with rights of survivorship, assets with named beneficiaries (e.g., 401Ks, life insurance policies), and other standard probate exclusions.

Process

If the estate qualifies as small, and no probate proceedings have been instituted, you can simplify the probate process as follows:

1. Submit a Small Estate Affidavit package to the court (see below)
2. Wait 30 days while the court validates your submission
3. The court will order you to pay the estate claims and distribute the remaining assets as specified
4. Use the court order to obtain possession of the assets from any current custodians, and settle the estate as instructed

Small Estate Affidavit Package

When submitting your request to the court, the following forms may be required:

• Affidavit in Lieu of Probate (Form PC-212): This is the main form; also attach a death certificate.
• Confidential Information (Form PC-212CI): Provide the court with the decedent's social security number.
• Request for Order of Distribution (Form PC-212A): This form is only required if estate assets exceed expenses and claims, and you therefore intend to make distributions to heirs, or if someone paid estate expenses or debts and is waiving reimbursement. Attach any will, and if the will specifies distribution differing from that which would apply without a will, then all heirs must sign the form.

Estate Settlement Considerations

The court will tell you exactly who should get what. That being said, you should be aware that there may be CT Family Entitlements available that would take priority over most debts, if claimed.

See also Making Distributions.

Court