Dealing with the loss of a loved one can be difficult enough without the additional confusion of navigating the legal process of managing their estate. One common question we receive at Darius Law Group, LLC is, “Does every estate need to go through probate in Connecticut?” The short answer is no. Although the probate court provides an essential legal framework for managing estates, Connecticut law allows for several exceptions that allow assets to be transferred to beneficiaries without the need for formal court involvement.

What is Probate, Exactly?

Probate is a legal process overseen by the Connecticut Probate Court. In this process, a will is verified and an executor or administrator is appointed. The assets of the deceased are identified, used to pay debts and taxes, and eventually distributed to rightful heirs or beneficiaries. This is outlined in Connecticut General Statutes Title 45a – Probate Courts and Procedure.

When an Estate Can Avoid Probate in Connecticut

Many estates can avoid the formal probate process altogether, saving both time and money. Assets can usually avoid probate if they are structured in one of the following ways:

Assets with a Named Beneficiary

These are assets that, according to the terms of the contract, are transferred directly to a designated individual upon the death of the owner. Common examples of such assets include:

• Life insurance policies
• Retirement accounts, (IRAs, 401(k)s)
• Payable-on-death (POD) bank accounts
• Transfer-on-death (TOD) investment accounts

Assets Held in Joint Tenancy

The property owned jointly with the right of survivorship automatically transfers to the surviving owner or owners outside of the probate process. This is typical for real estate, bank accounts and vehicles.

Assets in a Trust

Perhaps the most effective way to avoid probate is through a revocable living trust. Assets placed in a trust are managed by a trusted individual or entity for the benefit of beneficiaries and are distributed according to the terms of the trust rather than being supervised by the probate court.

Small Estates

Connecticut offers a simplified process for small estates. If the total value of assets that would otherwise be involved in probate (minus liens and other encumbrances, such as a mortgage) is less than $40,000, a successor can use the Small Estate Affidavit to claim the assets without going through formal probate proceedings. The specific rules for this procedure are outlined in C.G.S. § 45a-273

When Probate Is Required

Despite these exceptions, there are often situations where probate becomes necessary. You may need to open a formal probate case if the deceased person owned any assets that exceeded the $40,000 small estate threshold and were solely in their name. Some common examples include:

• A house or land that is titled solely in the name of the deceased.
• A bank or investment account that does not have a beneficiary or joint owner designation.
• A vehicle or boat that is registered solely to the deceased.
• Personal property with significant value.

If the deceased person had a valid will, the probate court would admit it and appoint the executor named in the will. If there was no will (also known as dying “intestate”), the court would appoint an administrator, and assets would be distributed according to the laws of intestate succession in Connecticut (C.G.S. § 45a-437).

Why Choose Darius Law Group?

Navigating probate can be challenging, but you don’t have to go through it alone. Our team provides personalized service because we understand that every family’s situation is different. We offer compassionate support, handling the complex legal aspects so you can focus on your recovery. Most importantly, we offer experienced guidance to ensure the process is carried out efficiently and correctly.

If you are unsure about whether an estate needs to go through probate or if you need assistance with any aspect of estate administration, contact Darius Law Group, LLC to schedule a consultation. We would be happy to help you during this difficult time and ease the burden.