The Probate Process in Connecticut

Most people will have to deal with the probate process at some point in their life. It is important to understand the factors that are involved with probate and how this may impact your family or loved ones. Probate is the process in which a deceased’s assets are inventoried and distributed and is directed by the person’s will or state law.

If you want legal counsel, be sure to contact our New Canaan probate lawyer today to discuss your case. We can carefully review your situation and provide the representation you need.

What Happens in Probate?

The probate process is usually pretty straightforward. After a person dies, the individual named as the executor of their will (or court-appointed individual) will have to file papers with the local probate court. The process is used to ensure the validity of a will and to properly distributed assets.

Once a will has been proven valid or state law has been mandated, the following happens:

• Inventory will be taken of all assets and property
• All inventoried property will get appraised
• Any taxes and debts owed will be taken care of
• Whatever property is remaining will be distributed to heirs

How the property and assets are distributed will depend on whether or not a will and/or trust was created. If a person set up a trust, most likely all of the property in the trust will be excluded from the probate process. Any property outside of the trust will need to be handled through probate. This property is usually distributed through the direction of a will; however, if there is no will, state law determines how property is divided between heirs. Once the court grants permission, the executor can distribute the assets between the appropriate individuals.

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