Connecticut Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a Petition/Administration or Probate of Will, Form PC-200, filed with the Probate Court for the district where the decedent was domiciled at death (C.G.S. §§45a-283, 45a-303), or for a decedent domiciled out of state, the district set by §45a-287 or §45a-303(a)(2). The statutes speak of an application for probate of the will and an application for letters of administration. One form covers both, and the court's form controls over the draft on this page.

2. 2

   No one has authority over estate assets until the court appoints a fiduciary and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor claims period has run.

3. 3

   Deadlines: a person who knows they are named executor must apply for probate of the will within 30 days after the testator's death, and neglect is punishable by a fine of up to $250 (§45a-283). Anyone holding a will must deliver it forthwith to the named executor or to the judge, clerk or assistant clerk of the probate court, and neglect for 30 days after learning of the death is punishable by a fine of up to $1,000, imprisonment of up to one year, or both (§45a-282). For any other time limit on opening an estate, ask the court.

4. 4

   Who serves: the executor named in the will, and if none or the nominee cannot or will not serve, administration with the will annexed under the §45a-303(c) order, with a beneficiary having priority over a non-beneficiary (§45a-290). Without a will the order is surviving spouse, child, grandchild, parents, brother or sister, then next of kin entitled to share. A nonresident proposed fiduciary must attach Form PC-482 appointing the probate judge as agent for service of process. The court decides who serves and appointment is not guaranteed.

5. 5

   Notice: the court holds a hearing before proving a will or granting letters, with notice to all known interested parties as the court deems best, unless all sign a written waiver or the court dispenses with notice for cause (§45a-286). When probating a will, the petitioner must also send a copy of the petition, will and codicils to each heir and beneficiary, and to the Attorney General if a beneficiary is a charity, and certify that to the court (Form PC-200 instructions). Ask the court how much notice it will order before the hearing.

6. 6

   Creditors: the Probate Court, not the fiduciary, must cause newspaper notice to be published within 14 days after appointment of the first fiduciary (§45a-354). Once 150 days from the appointment of the first fiduciary have passed, a fiduciary is not chargeable for assets paid or distributed in good faith before a claim was presented (§45a-356). The fiduciary may also give optional direct notice to likely claimants with a bar date not less than 90 days from the notice (§45a-357).

7. 7

   Bond: an executor must give a probate bond unless excused by law, and the court takes a bond from an administrator (§§45a-289, 45a-303); appointment is not effective until a required bond is accepted (§45a-139). A will may direct no bond, and the court follows it absent objection, but may require one on objection or for cause. A probate judge may waive bond if estate assets are under $20,000 or the unrestricted portion is under $10,000. Not every estate needs probate: Connecticut has an affidavit in lieu of probate on Form PC-212, covered on DocDraft's small-estate-affidavit page.

Connecticut Requirements for Petition for Probate

• Probate Court for the Proper District

  The petition goes to the Connecticut Probate Court for the probate district where the decedent was domiciled at death, not the Superior Court (C.G.S. §§45a-283, 45a-303). For a decedent domiciled out of state, the district is set by §45a-287 or §45a-303(a)(2).

• Form PC-200 Petition

  Connecticut uses Form PC-200, Petition/Administration or Probate of Will, to seek probate of a will and appointment of an executor or administrator. The court's form controls over any draft.

• 30 Days to Apply as Named Executor

  A person who knows they are named executor must apply for probate within 30 days after the testator's death, with a fine of up to $250 for neglect (C.G.S. §45a-283).

• Will Custodian Delivery Duty

  Anyone holding a will must deliver it forthwith to the named executor or the probate court, with a fine of up to $1,000, imprisonment of up to one year, or both after 30 days of neglect (C.G.S. §45a-282).

• Order of Priority to Serve

  The named executor is first, then administration with the will annexed under the §45a-303(c) order. Without a will: spouse, child, grandchild, parents, brother or sister, then next of kin entitled to share (C.G.S. §§45a-290, 45a-303(c)).

• Nonresident Fiduciary Form PC-482

  A nonresident proposed fiduciary attaches Form PC-482, appointing the probate judge as agent for service of process, to the petition (Form PC-200 instructions).

• Hearing and Notice to Heirs and Beneficiaries

  The court holds a hearing with notice to known interested parties before proving a will or granting letters, and, when a will is being probated, the petitioner sends each heir and beneficiary the petition, will and codicils and certifies that to the court (C.G.S. §45a-286; Form PC-200 instructions).

• Court Publishes Creditor Notice

  The Probate Court causes newspaper notice to creditors within 14 days after appointment of the first fiduciary, and a 150-day claims period runs from that appointment (C.G.S. §§45a-354, 45a-356).

• Probate Bond

  An executor gives a probate bond unless excused by law, a will may direct none, and a judge may waive bond if assets are under $20,000 or the unrestricted portion is under $10,000 (C.G.S. §§45a-289, 45a-139).