When do I need to go through the probate process?

The probate process in Connecticut occurs when application for probate is made to the court. But when is that necessary?

For one, when you have a Will, that Will must be submitted to the Court by the executor if possible. Generally, the Will should be submitted to the court within 30 days of the death of the testator (i.e. the person with a Will who died).

If the testator dies without a Will, the legal system calls this dying intestate. "Intestate" is Latin for dying "without a Will." In this case, a probate court will not grant anyone the power to administer the dead person's property until an application is submitted to the proper court.

Now, Revocable Living Trusts and jointly-held property (if drafted and administered properly) can help us to avoid the probate process. This can be a good thing if folks are concerned about the time associated with the probate process, and it often will reduce legal fees and certain professional costs associated with going through the probate process (i.e. attorney's fees and executor compensation). However, you should remember that in the State of Connecticut (currently as of December 27, 2011) these instruments do not avoid the statutory fees charged by the probate court.

The probate process can be a bit daunting and seemingly small mistakes could cost the estate a fortune. If you need to discuss your Connecticut probate matter with a Connecticut probate attorney, you can access my contact information by clicking here.

Categories: Probate, Wills