Probate in Connecticut: My parents died with property in Connecticut...what do I do?

We often get phone calls from folks who no longer live in Connecticut (or who never did), but whose parents lived in Connecticut prior to passing away. Often, the situation is that mom or dad passed away residing in another State (e.g. living with the kids or in a facility closer to the kids, or a retirement community). The kids are calling us because their parents owned property in Connecticut, and they want to know if there is probate on that property.

The answer is that there is most likely going to be ancillary probate. What is ancillary probate? Ancillary probate in Connecticut is really just a probate process that takes place when someone who is not domiciled in Connecticut dies with property still in Connecticut.

So how does this work? Generally, an interested person (often the executor of the parent's estate) will need to apply to the probate court for probate of an "authenticated and exemplified" copy of the parent's will (See C.G.S.A. Section 45a-288). So just to avoid any confusion - this means that there will most likely be probate in two States. In addition to the copy of the Will, other documentation of the proceedings establishing the Will should be provided to the Connecticut probate court in the proper jurisdiction with a proper request that the copies be filed and recorded (45a-288), along with a description of the property in Connecticut. If the executor is a foreign corporation or a non-resident of Connecticut, additional steps/documentation may be required. Remember, local probate courts may have particular requirements and procedures that need to be observed.

The next step is a hearing in the Connecticut probate court, for which notice will be sent to interested parties. If the probate is granted, then there will most likely be an ancillary executor appointed. The ancillary executor will then help to administer the Connecticut estate in accordance with Connecticut probate law.

The foregoing generally discusses the start of the Connecticut probate process for ancillary probate. If you have a parent with property in Connecticut and would like my help with the application, hearing or subsequent probate process, feel free to contact me for a consultation. I am a Connecticut probate attorney. Click here for my contact information on our website.

Categories: Probate