Do All Estates Have to Go Through Probate in Connecticut?

Estate planning is a difficult topic for many people in Connecticut, and most people who develop estate plans do so with the intention of helping their loved ones avoid a lengthy probate process after their death. However, it is natural to wonder, do all estates have to go through probate in Connecticut? It’s important to know what probate entails, when it is necessary, and what you can do to potentially help your family avoid it after your death.

Do All Estates Have to Go Through Probate in Connecticut?

The short answer to this is no, not all estates have to go through probate in Connecticut. When probate is required, estates valued at less than $40,000 can qualify for a simplified probate process, while estates valued over $40,000 are typically subject to probate. During probate, the state’s laws of intestate succession determine who receives the assets remaining in the estate after all of the estate’s creditors have been repaid.

Some estates will not need to go through probate at all, specifically those held in living trusts or when the contents of an estate are held in joint ownership. For example, one spouse can jointly own all of their assets with their spouse, and when one dies, all property becomes the sole property of the surviving spouse, so there is no need for probate.

Benefits of Avoiding Probate in Connecticut

Probate is a notoriously difficult, stressful, and potentially expensive process. The main benefit of estate planning is to help your family avoid probate as much as possible. However, as of 2024, only about 32% of Americans had estate plans. You will need to hire a probate lawyer if your family member has died without an estate plan in place, and it is important to consider the benefits of estate planning and why you should try to avoid probate if possible:

• Probate can be time-consuming depending on the complexity of the estate. This can mean months or even years of probate court proceedings that delay the distribution of assets to the family of the deceased. This can create severe financial complications for the family.
• Probate is costly. Court fees can dramatically reduce the value of the estate. The longer probate continues, the more these court fees will cost, and fees for a probate lawyer will also increase with the time they must spend working on the case.
• Probate is public information. All probate court proceedings are public record, and this could potentially expose sensitive information that the family would rather keep private. All court transcripts, as well as financial information, could become public record, and many families strive to avoid probate to prevent this from happening.
• Probate increases the risk of family disputes. The probate process strictly follows Connecticut intestate succession laws, which do not account for family dynamics. This can not only lead to delays in the processing of the estate but also to lawsuits. Family members may disagree with the court’s decision about the distribution of assets or the interpretation and/or enforceability of the decedent’s will if they had one.

Ultimately, the optimal way to minimize your family’s risk of facing these issues after your death is to create a comprehensive and legally enforceable estate plan with a skilled attorney’s help. You have many options for creating your estate plan, many of which can potentially eliminate the need for your estate to enter probate or at least streamline probate proceedings for your family.

The team at Burns Thomas, LLC, has extensive experience helping clients throughout Connecticut with estate planning. We can help you create an individualized estate plan that meets your needs and will explain your options for helping your family avoid probate if possible. Reach out to our team as soon as you can to learn more about the estate planning services we offer.

FAQs

Q: When Does an Estate Enter Probate in Connecticut?

A: An estate enters probate in Connecticut after the estate owner’s death if the estate meets the legal requirements for probate. For example, if the estate owner solely owned any real estate, the estate must enter probate. Probate will also be necessary for an estate valued over $40,000. Hire a probate lawyer as soon as possible if a loved one has died and you know that their estate must enter probate.

Q: What Is the Most Effective Way to Avoid Probate?

A: The most effective way to avoid probate is to create an estate plan that includes a living trust or to ensure joint ownership of your assets. If your estate contains a living trust, the trustee will take responsibility for the contents of the trust after your death and distribute the contents according to your will. If your assets are jointly owned, such as with your spouse, the joint owner will become the sole owner after your death, eliminating the need for probate.

Q: How Long Does Probate Take in Connecticut?

A: In Connecticut, probate proceedings can take several months or even years to resolve, depending on the complexity of the estate. The family will need to hire a probate lawyer, and the amount of time they must spend handling the case will dictate how much the family must pay in legal fees. Additionally, court costs can significantly reduce the value of the estate.

Q: Why Should I Hire a Probate Lawyer?

A: You should hire a probate lawyer because this process is difficult, time-consuming, and expensive. The right attorney can help you approach this difficult situation with clarity and peace of mind, and you will be better prepared to resolve any disputes that arise. You should hire a probate lawyer as soon as possible so they can help you prepare for the challenging proceedings ahead and guide your family to a positive conclusion.

Burns Thomas, LLC, has the experience and resources necessary to provide effective legal counsel during probate in Connecticut. We can also help you develop a legally enforceable estate plan that could help your family avoid probate after your death. If you need to hire a probate lawyer or if you have questions about estate planning options in Connecticut, contact us today and schedule a consultation with our team.