Connecticut Probate FAQ

A. A typical Connecticut probate takes 9 to 18 months. Simple estates with no disputes and no real property may close in as few as 6 months. Complex estates, those with contested wills, or properties requiring significant preparation can take 2 years or more. The court's mandatory four-month creditor claims period sets a minimum floor for most estates.

A. Not necessarily. Estates with total assets under $40,000 (excluding real estate) may use Connecticut's simplified small estate affidavit process. However, if the estate includes real property such as a house, it will almost certainly need to go through full probate, regardless of the property's value. Assets held in a living trust or with designated beneficiaries (like life insurance or retirement accounts) pass outside of probate.

A. Yes, Connecticut Executors with Letters Testamentary generally have the authority to sell real property during probate. The sale proceeds are held in the estate account and distributed as part of the final accounting. The key requirement is that the Executor acts in the best interest of the estate and can demonstrate fair market value was obtained.

A. The Executor owes a fiduciary duty to the estate's beneficiaries, meaning they must act in the beneficiaries' best interest, not their own. When selling property, this means obtaining fair market value, making reasonable efforts to market the property, avoiding conflicts of interest, and being transparent about all aspects of the transaction. Violating this duty can result in personal liability.

A. In most cases, Connecticut Probate Courts do not require pre-approval for a property sale if the will grants the Executor authority to sell. However, the court must approve the Executor's final accounting, which includes the sale proceeds. If there are minor beneficiaries, disputes among heirs, or if the Executor's authority is limited, court approval may be needed before the sale.

A. Connecticut probate law gives the Executor the authority to manage and sell estate property, even if not all beneficiaries agree. However, the Executor must act in the estate's best interest. If heirs disagree fundamentally, they may petition the Probate Court for resolution. Mediation is often faster and less expensive than litigation. Robert Clarke can help navigate these situations by providing fair market value data and professional guidance.

A. Connecticut has both a state estate tax and a conveyance tax on real property sales. The estate may owe Connecticut estate tax if the total estate exceeds the state exemption. The conveyance tax is due at closing and is typically paid by the seller. Capital gains tax applies to any appreciation above the stepped-up basis (date-of-death value). A tax professional should be consulted for the specific amounts.

A. Connecticut's property disclosure form allows the seller (or Executor) to state that they lack personal knowledge of certain conditions. This is common and legally acceptable for probate properties. The Executor should disclose anything they do know, mark unknown items as such, and recommend that buyers conduct their own inspections. This approach is both honest and legally protective.