Connecticut Probate Guide: The Executor and Administrator

If you have questions on the Connecticut Probate Guide, and wish to speak with an experienced probate law attorney, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

Who can serve as an executor or administrator of an estate?

Anyone can be an executor or administrator: a member of the decedent’s family, a beneficiary of a will, an attorney or a bank. An executor is named in the will and chosen by the person making the will. If there is no will, the court will select an administrator. The law requires the court to appoint a family member, unless it appears that it would not be in the best interests of the parties concerned, in which case the court will usually appoint an impartial person or a bank.

What are the costs involved in settling a decedent’s estate?

Upon the death of any person, some or all of the following costs may be payable to settle the decedent’s affairs: funeral expenses, expenses incurred by the executor or administrator in administering the estate, Probate Court fees, fees of an executor or administrator, attorney’s fees, municipal, state and federal taxes and the decedent’s debts. Probate fees and taxes are fixed by law. The fees of an executor or administrator and of an attorney are based on the work performed and subject to the approval of the Probate Court. Often, members of the family are willing to serve for little or no compensation.

What are my responsibilities if I have a decedent’s original will?

A person in possession of a decedent’s will must deliver it to the Probate Court where the decedent lived within 30 days after the decedent’s death. There may be criminal penalties for failing to produce a will. Ordinarily, the person filing the will also files the Petition/Administration or Probate of Will, PC-200, with the court at the same time. However, if the decedent left no assets in his or her name that would pass under the will, the will is simply placed on file and not admitted to probate.

Is an old will valid?

A will can be legally binding no matter how old it is. However, certain subsequent events may cause a change in the will’s formula of distribution. For example, the birth or adoption of a child, marriage, divorce or annulment after the will was signed may alter how assets will be distributed among family members. For this reason, it is very important to review your will periodically, especially if a major life event has occurred.

What if a will is in a safe deposit box?

If the decedent’s will or other important papers are in a safe deposit box, the Probate Court can issue an order authorizing a family member or other person to gain access to the safe deposit box. The box will be opened in the presence of a bank officer and the contents cataloged. If there is a will in the safe deposit box, it must be filed with the Probate Court. A similar situation might involve a decedent who lived alone in a house or apartment, and no relative can be found to take proper action. The court has the ability to appoint a temporary administrator to safeguard the decedent’s belongings and take other action to protect the estate.

What if a person dies without a will?

If the decedent had property solely in his or her name, then it is necessary for an appropriate person (usually a family member) to file an application with the Probate Court for administration of the decedent’s estate. Since there is no will, the property is distributed, after payment of expenses and debts, in accordance with the Connecticut laws of intestate distribution. The estate is called “intestate” because there is no will.

If you have any questions or would like to speak to a probate law attorney about a will, trust, or estate matter, please contact the experienced attorneys at Maya Murphy, P.C. at (203) 221-3100 or at JMaya@Mayalaw.com.

For continual access to the legal world, follow us on Twitter and LinkedIn. We offer the latest updates on caselaw and legal news. In addition, informational videos are available for your convenience on our Youtube channel. 

Source: Administration of Decedents’ Estates, (2016), http://www.ctprobate.gov/Documents/User%20Guide%20-%20Administration%20of%20Decedents'%20Estates.pdf