The Connecticut Probate Blog

No Such Thing as "No Probate"

You will often hear attorneys and other advisors celebrate the benefits of "avoiding probate".  This is usually heard in the context of estate planning with living trusts. 

However, when you hear the term "avoiding probate" that means, more specifically, avoiding a full-blown, long, drawn-out probate process.  Because in nearly all cases in Connecticut something has to be filed with the local Probate Court.

Sometimes a person will pass away owning only assets that were jointly owned or in beneficiary-driven vehicles (like retirement accounts and life insurance).  Such assets do not have to go through probate before they are distributed to others.  Nonetheless, there will still be something to file with the Court.  The minimal filing requirements usually include the original will (see my last post) a special affidavit or two, and the Connecticut estate tax return (most often the CT-706 NT).

Having said that, keep in mind that there is an enormous difference between going through a full-scale probate process that continues for several months and a filing process where just a few documents are submitted to the Court. 

Regardless, the family should be aware that there will always be some probate involvement required in order to tie up all the legal loose ends when someone passes away.

File That Will!

Here's a little-known Connecticut probate law: CT General Statutes Section 451-282 requires an individual who has possession of a will or codicil (an amendment to a will) to deliver the document to the local Probate Court with in 30 days of learning of the death of the person who signed the will or codocil.   Failure to do so could result in a fine of up to $1,000 or imprisonment of up to one year, or both!

Sounds a bit harsh, but sometimes the person who has custody of a last will and testament has an incentive to keep the document hidden.  So it appears that the Connecticut legislature wanted such people to think twice before doing so.

For what it's worth, in 13 1/2 years of probate practice I've never heard of anyone being prosecuted under this law.  But why take the chance?  Generally, the best policy is to simply get the will in to the Probate Court as quick as you can.  Even if you don't have enough information to file any other probate documents yet (like the PC-200 Application to Probate a Will), just file the will and let the Court know that the rest of the required documents will be along shortly!