Probate is a legal process that distributes assets after someone dies. Whether or not the deceased had a will, this makes sure that debts are paid and the property is transferred to those who are entitled to it. Working with an estate planning attorney can significantly simplify the proceedings. If someone you know has passed, understanding the procedure will also help prepare you. For this purpose, here are answers to common questions people have about probate in the state of Connecticut. 

4 FAQ About Probate

Why is it necessary?

Going through probate ensures that fraud will not be committed after someone passes away. A judge will freeze the estate until all appropriate persons have been notified. The will has to be deemed valid, the properties identified and appraised, and all taxes and creditors have to be paid. Afterward, the court will release an order calling for the distribution of the property to living family members or those named in the will.

What passes without probate in Connecticut?

An estate is required to go through probate only if the deceased person’s assets are not jointly-owned, and if it is considered a “small estate.” Additionally, assets that have named beneficiaries will pass outside of probate. For example, property held in a revocable living trust, life insurance proceeds with a named beneficiary, and transfer-on-death bank accounts don’t go through this process.

What happens during the procedure?

When settling an estate through probate in Connecticut, the will must be submitted to the court where the person lived within 30 days of their death.

If there’s no will, the court will appoint a personal representative to handle the estate. This person will be responsible for keeping the deceased’s assets safe, paying taxes and debts, and overseeing the distribution of remaining assets. A final accounting of all estate transactions must be filed with the court for the estate to be declared closed. An attorney can provide assistance through this process to ensure it goes smoothly.

What’s taxed under the Connecticut State Estate Tax?

In Connecticut, an estate tax is collected if the estate has a value of over $3,600,000. This applies if the deceased was a resident of Connecticut, or had property in the state. State laws can often change, and an attorney well-versed in probate law can guide you accordingly.

The dedicated and skilled attorneys at Renzullo & Associates Law in Winsted, CT, will provide you with competent legal services when it comes to will and probate matters. Serving all of Connecticut, this established law firm is ready to fight for your rights and will also handle complicated cases. Learn more about their practice areas online or call (860) 379-9885 to schedule a consultation.