Connecticut Small Estates: When an Affidavit in Lieu of Administration May Apply
After a family member dies, relatives may assume that every estate requires the appointment of an executor or administrator and a full probate proceeding. Connecticut law provides a simplified option for certain smaller estates: an Affidavit in Lieu of Probate of Will/Administration. Whether this procedure fits depends on the property the person owned, how it was titled and the total value of the probate assets.
The basic Connecticut eligibility rules
Under Connecticut General Statutes § 45a-273, the small-estate procedure may be available when the decedent had no solely owned real property in Connecticut and the total value of the decedent’s solely owned tangible and intangible personal property does not exceed $40,000. Property that passes outside probate by operation of law is excluded when applying that statutory limit.
The distinction between solely owned property and property that transfers automatically is important. A bank account owned only by the decedent may be treated differently from an account with a valid payable-on-death beneficiary. Real estate held in survivorship may also require a different analysis from real estate owned solely by the decedent. Families should confirm ownership and beneficiary designations rather than relying on assumptions.
Who can file the affidavit?
The statute allows the surviving spouse to file. If there is no surviving spouse, the decedent’s next of kin may file. When there is no next of kin, or the spouse and next of kin refuse, the Probate Court may permit another person with a sufficient interest—including a person or entity owed an expense, claim or tax—to file.
The filing is made in the Probate Court for the district where the decedent resided. Connecticut’s official Form PC-212 is signed under penalty of false statement, so the asset, debt and family information must be accurate.
What information and documents are required?
Form PC-212 asks for the decedent’s solely owned assets and their fair market values. It also requires information about funeral expenses, estate-administration expenses, claims arising from the last illness, taxes and other debts such as credit-card or utility bills.
The form’s instructions require a copy of the death certificate with the Social Security number redacted. A confidential information sheet, PC-212CI, must separately provide the Social Security number. Form PC-212A may also be required when the assets exceed the expenses and claims, or when someone who paid an expense from nonprobate funds waives reimbursement.
Under the simplified procedure, estate assets may be used to pay or reimburse approved funeral costs, administration expenses, last-illness claims, taxes and other debts. Property remaining after valid expenses and claims may be distributed to the people legally entitled to receive it.
Why a “small” estate can still create difficult questions
The $40,000 figure does not answer every issue. A vehicle, refund, settlement, bank account or later-discovered asset can change the calculation. An original will, unpaid state claims, disputed debts, unclear heirs or conflicting beneficiary information may also affect the proper filing and distribution.
Before submitting an affidavit, gather account statements, vehicle titles, beneficiary records, bills, funeral receipts, the death certificate and any original will. A careful review at the beginning can reduce delays and prevent an incorrect transfer.
The Law Offices of Arnaldo J. Sierra, LLC assists families in Hartford and throughout Connecticut with probate and estate matters. For a consultation, call (860) 527-2345. Se habla español.
This article provides general information and is not legal advice. Reading it does not create an attorney-client relationship.
