After someone dies, probate proceedings become necessary. The assets that an individual owns become the contents of their estate. The estate administration process typically involves the Connecticut probate courts. Family members expecting to inherit from the estate and the person acting as personal representative may have questions about what occurs during the probate process.
What does the Connecticut probate process typically entail?
An initial hearing with the courts
Probate proceedings begin with the courts appointing or acknowledging a personal representative. What that process entails depends on whether the decedent named their own personal representative in an estate plan and if they have any testamentary documents on record. Once the courts appoint a personal representative, that individual must then begin the process of estate administration. The degree of court oversight depends in part on the value and nature of the assets in the estate. Larger estates and those that include real estate typically have the highest level of court oversight.
Communication with interested parties
The personal representative typically needs to notify beneficiaries or heirs about the upcoming estate administration process. They may provide them with copies of estate planning paperwork or may invite them to attend a reading of a will in some cases. They also need to communicate with creditors by sending letters in some cases and publishing notice in others. All parties with an interest in the estate should be aware of probate proceedings as they transpire.
Fulfillment of outstanding obligations
The personal representative must use estate resources to cover the financial obligations of the decedent. They may have to file an income tax return on behalf of the deceased individual and the estate itself. They may also need to communicate with and repay creditors. Those obligations take priority over the inheritance rights of beneficiaries.
Appropriate distribution of assets
After covering taxes and paying probate claims related to debts, personal representatives can then begin distributing assets to beneficiaries or errors. They need to follow both state law and the instructions provided by the deceased individual throughout that process.
Understanding the basics of the probate process can help people determine if they can serve as a personal representative and can also help beneficiaries know what to expect. The probate courts help to ensure compliance with the law and testamentary documents, but beneficiaries rely on the action of the personal representative to protect and distribute estate assets. The personal representative must ensure compliance with the law and testamentary documents throughout the estate administration process.