Connecticut Probate: Why does it take so long? Part 1 - Creditor's claims and Executor liability

One of the most common questions I get on the Connecticut probate process is - "why does it take so long?" Connecticut Probate generally takes a year or longer to complete, and this is a concern to many folks. There are actually several reasons why Connecticut probate is a time-consuming process, so we will focus the next few posts on this topic.

Reason #1 - Potential Creditor's Claims Against the Estate

After appointment of the executor of the estate, the Connecticut probate court in accordance with Connecticut Law shall cause a newspaper notice to be published within 14 days for the benefit all creditors who may have a claim against the estate. This notice informs them that they need to present their claims to the executor. Note: some Courts may require that the executor make payment for the notice directly to the publisher.

Once the executor is appointed, the general inclination for most people is that the property should be identified and then distributed to the beneficiaries of the estate. Not so fast though my friends!

If the executor makes any distributions during the 150 day period following their appointment, and a creditor makes a valid claim against the estate during that 150 day period, the executor will be personally liable for the creditors claims if there isn't enough money in the estate to pay them.

After 150 days, creditors who did not present their claim during that period can only go after assets that remain in the estate (if any exist), and if not, they will have to attempt to collect from the individual beneficiaries.

It is important for the executor to avoid personal liability for creditor's claims, which is one of the reasons for the length of the Connecticut probate process.

Feel free to contact me for more information on this process. You can get our contact information on our website here.

Categories: Probate