Navigating the Complexities of Estate Administration

General Understanding of How Probate Works in Connecticut.

When anyone owning assets dies in Connecticut, their heirs must apply to administer their estate in the state’s probate court. This application must be filed within 30 days of their death; this rule applies whether your loved one had a will.

The Connecticut probate court will then issue a “Decree Granting Administration.” This document opens the estate and appoints someone to serve as its executor. Usually, the decedent, in their Will, specifies a person or professional that they want to serve as their executor, and that person commonly files the application with the court and indicates his or her willingness to serve. If a will doesn’t exist, then the court will appoint an applicant as administrator of the estate, assuming the applicant has indicated a willingness to serve.

The executors and administrators are commonly referred to as fiduciaries, and their first order of business is to take possession of all the decedent’s assets.

You must know from the start of this process that, in Connecticut, this entire process is managed through the probate courts. These courts are highly complex and have their own rules, deadlines, regulations, procedures, and more.

The probate process is also legally confusing and emotionally taxing, especially for family members or those unfamiliar with this usually long and costly legal process.

Once the executor is appointed and the probate process begins, it commonly involves many steps; just some of these steps generally are:

• Formally filing a will and petitioning the court to open probate and move on.
• Notifying all the heirs and beneficiaries of the estate.
• Inventorying and accounting for all the deceased’s assets.
• Paying debts and taxes owed by the deceased or the estate.
• Distributing all the remaining assets to the rightful heirs, beneficiaries, etc.

This process may sound straightforward, but in most cases, complexities begin to appear; this is especially true with large estates with numerous and varied assets, real estate, and more. The Will is often unclear regarding the decedent’s intent, and multiple disputes exist among family members and heirs.

However, much is at stake in most of these cases, and the highly experienced, empathetic, and knowledgeable guidance of a New Britain or Avon probate lawyer is mandatory to smooth out this stressful and daunting process.

What Are Just Some of the Common Duties of the Executor of an Estate?

If you’ve been appointed executor of an estate, be aware that it’s a significant and somber responsibility that often poses unique challenges; it should never be taken lightly, as the decedent’s family, finances, and more are at stake.

As an executor, you are the legally appointed representative who must ensure that the probate guidelines and process are followed precisely. You must deal with dire and vexing issues, such as the taxing authorities being satisfied and the provisions in a decedent’s will being exactly carried out.  Due to these complexities, most families feel it’s wise and prudent to obtain a probate lawyer’s knowledgeable and experienced guidance to advise the executor in their role and ensure all is done legally.

Just a few of the detailed services that must be done are:

• Meet with all the family members and advisors during the estate settlement process.
• Collecting, detailing, inventorying, and safeguarding all assets.
• Arranging for appraisals of any assets that may be needed.
• Determine whether the assets should be retained or sold and provide ongoing management of all retained assets.
• Arranging for the payment of bequests.
• Coordinating, preparing, and filing all required tax forms and returns.
• Identify all claims made against the estate and satisfy or disallow these claims.
• Coordinating the distribution of the assets.
• Supervising, preparing, and drafting all required reports to distribute and close the estate.

The complexity of the Connecticut probate process is enormous, and every estate differs. Your well-versed, competent, and thorough probate lawyer will always understand the situation and provide viable legal options.

What Are Some of the Most Common Probate Challenges and How Can a Probate Lawyer Help?

Some probate cases may run smoothly, but that is usually rare. Many things may affect the cost and length of this process, especially in Connecticut.

A detail-oriented and passionate probate lawyer can help with many of these issues, as they’ve dealt with them before. Just a few of the problems that may arise are:

Family members or heirs contest the Will—Family disagreements over the Will are fairly common. Claims of undue influence, lack of testamentary capacity, or improper execution can delay probate and even result in costly litigation. However, having a well-drafted and properly executed will, preferably prepared by a professional estate planning lawyer, will always minimize these risks.

• Unknown or highly complex assets – Locating and valuing all a deceased person’s assets is never straightforward, particularly if business interests, out-of-state property, or digital assets such as cryptocurrency are involved. Therefore, your lawyer would ensure your executor is thorough and consider hiring professionals, such as appraisers, accountants, etc., to assist.
• Correctly navigating the probate court’s procedures – Commonly, each probate court may have guidelines, filing requirements, and deadlines that must be strictly followed. Missing timelines and dates can lead to delays or legal liability. Your lawyer will strictly ensure that all dates, timelines, and legalities are precisely followed.
• Taxes and their legal complexities – Connecticut still imposes a state-level estate tax. Understanding whether an estate owes a Connecticut estate tax requires careful analysis based on strict asset value and deductions. A skilled probate lawyer’s help in this area of probate will prove invaluable.

Are There Ways to Avoid the Connecticut Probate Courts?

Of course, all estates differ, but the simple answer is yes, there usually are. For example, in some cases, probate can be partially or entirely avoided through proper, professional, and legal estate planning.

As a Connecticut resident, you should always confer with a well-versed estate planning lawyer and discuss strategies such as:

• Revocable Living Trusts – Assets held in a trust pass outside of probate and are managed by a successor trustee.
• Joint Ownership with Right of Survivorship – Property automatically passes to the surviving owner.
• Transfer-on-Death (TOD) or Payable-on-Death (POD) Designations – Certain bank accounts, securities, and other financial instruments can be transferred directly to named beneficiaries without court involvement.
• Gifting During Lifetime – Reducing the estate’s size through lifetime gifts can lessen probate complexity, potential tax exposure, and more.

Many of these strategies can be potent legal tools, but must be used correctly. Your experienced estate planning lawyer will help you draft a sound legal plan that aligns with your goals and protects your loved ones from future burdens.

I Must Deal with the Connecticut Probate Courts; How Should I Proceed?

Connecticut probate is always complex, stressful, emotionally draining, time-consuming, and costly, but with the right professional help and planning, almost all these issues can be mitigated. Meeting with a successful and experienced estate planning and probate lawyer can help you and your family navigate estate administration and probate with clarity and peace of mind.

Since 1945, the estate planning and probate lawyers at the Law Offices of Ericson, Scalise & Mangan, PC have professionally, diligently, and compassionately dealt with myriad estate plans and probate issues with an enormous amount of experience and a tireless, diligent effort to allow your family to move on as quickly as possible.

Call them today at (860)-854-3809. Whether you are dealing with the loss of a loved one or planning your estate, they will empathetically work to save your family significant stress and cost in the entire probate process.