Most people create estate planning documents in order to avoid the Connecticut probate courts, as they cost money and take up substantial time. Probate happens when there are complex issues following someone’s death that must be resolved by a court. Going through the probate process can be overwhelming, especially if you don’t have an experienced Waterbury probate lawyer to help you throughout the process.
If someone dies with a valid will in place, their assets typically are distributed according to their wishes. However, if someone dies without a will (called dying ‘intestate’), your property typically goes through probate court, and once the debts are settled from your estate, the remaining assets are usually distributed by the court.
What Does it Mean to Probate a Case in Waterbury?
Most people avoid probate court. The process can take a very long time, as the court typically needs to gather relevant information about someone’s assets after their death and then pay off any debts they may have incurred. Consequently, a probate case can involve many legal issues, including the following:
- Determining whether a will exists.
- Deciding if a will is valid and legally enforceable.
- Determining the heirs and/or beneficiaries of the will.
- Assessing the full value of the estate/property.
- Transferring ownership of their property.
These types of court cases conclude when a judge has determined that all creditors have been paid for any outstanding debts. Then, a judge can proceed with distributing any remaining assets and property to the named legal beneficiaries. Typically, probate proceeds smoothly, and the probate process concludes. However, there are things that might delay the probate process in CT.
What Types of Things Might Delay the CT Probate Process?
Often, probate can wrap up smoothly. However, the process can be complicated, contentious, and time-consuming. Some potential issues that might arise could, unfortunately delay the probate process, which include the following:
- The immediate family members are unknown – this complicates the process since the process would then start to determine who the decedent’s family members are as well as where they reside.
- There is confusion about the intentions of the deceased – sometimes, people with good intentions aren’t entirely clear about their specific intentions, or they may have named unavailable people as beneficiaries or administrators of their estate, which can contribute to a delay in the probate process.
- If there is a will, the terms included in the will could be vague – sometimes names are quite similar (a ‘junior’ might have been forgotten, which would affect understanding which party is to inherit part of an estate), and this can delay probate’s conclusion.
- The parties might not have properly executed their estate plan – when a party fails to sign a will or if there weren’t sufficient witnesses, this can impact the timeline of the probate distributions.
- Debt payouts can take time – these must be paid off first before probate can continue. An executor of the estate may require time to sell off portions of the estate before probate can resume.
- The parties may dispute asset distribution – if the parties disagree about how assets should be distributed, it can delay the entire process even if the deceased left specific instructions for disbursal of their assets.
Probate can take a substantial period of time and can become delayed for a variety of reasons. If you have further questions about what could cause delays in the probate process, an experienced Waterbury attorney can discuss the process further.
Whether the best option for you is a comprehensive will, the establishment of trusts or other estate planning solutions, we will find a solution that fits your needs.
The Probate Process in Waterbury, Connecticut
While most people try to avoid their estate going through probate, it can’t always be avoided. If participating in a probate case, there are many important steps, including:
- Applying for probate – in order for the probate court to move forward with your case, it’s important to submit a petition for administration or probate of a will within 30 days after the date of death. The petition must be submitted with the original last will and testament and a copy of the death certificate. The petition must include all intended heirs and beneficiaries, and they must also receive a copy of the petition and the will.
- The executor creates a separate estate account – they can’t mix their own property and assets with the property and estate of the deceased. The executor must create a separate bank account for the estate, which includes all financial assets of the deceased (including things like bank accounts and stocks). If they owned real estate, the executor has two months to file a Notice of Land Records with the appropriate town clerk.
- The executor creates a full inventory of the estate – once they’ve identified all financial assets and real estate of the deceased, the executor has two months to create a full inventory of everything included in the estate, including but not limited to: homes, bank accounts, vehicles, personal effects, and household furnishings. However, property held in a separate trust isn’t included in the decedent’s estate inventory.
- Probate court will work to settle debts – the court will publish a Notice to Creditors in the local paper and creditors to advertise the debt resolution attempt.
- Probate court holds a hearing – once the taxes have been paid and creditors can not make any further debt claims, probate court holds a hearing on the estate. If there aren’t any further objections to the will, the court approves a Final Accounting to conclude the disbursements for the estate.
Certainly, this is a complicated process with many steps. Accordingly, it’s helpful to retain an attorney to represent your interests when preparing an estate plan and when navigating the complex probate court process.
Reasons to Retain Competent Counsel for a Probate Matter
An experienced probate attorney is familiar with estate planning laws and can provide invaluable and reliable legal assistance. An attorney can prove especially helpful when:
- You need dependable probate litigation advice and counseling.
- The terms of a specific will are unclear.
- Part (or the entirety) of an estate is set to pass to a minor child under the age of 18.
- The person who died left assets, money, or property in a trust.
- If you need to discuss the tax implications of a proposed estate plan or the impact an inheritance could potentially have on your taxes.
A lawyer can provide trustworthy legal help in a variety of situations. When dealing with an already stressful death, it’s helpful to have an experienced Waterbury estate planning attorney familiar with probate court by your side to protect your interests.
Frequently Asked Questions
A: The amount you might anticipate to resolve your matter in probate court depends on the size of the estate, whether you retain an attorney, and other case-specific costs. Without an estate plan and with an extensive estate, the costs could be extensive. It’s helpful to consult an attorney who can help estimate the costs you might anticipate for a probate matter, and they can also answer other estate planning questions you might have.
A: In Waterbury, whether an estate goes through probate court is typically determined by the amount an estate is worth. It can be quite complicated to determine which assets are subject to probate in order to determine the full worth of an estate. As a result, it’s important to consult an experienced Waterbury estate planning attorney to discuss the value of your estate and in order to have them discuss all aspects of estate planning law relevant to your situation.
A: The amount of time it may take for an estate to go through probate court in Waterbury is dependent on a number of important factors, which typically include the court’s backlog of cases, whether there is a valid will, and how complex it is to determine the value of the estate. If there are beneficiary disputes, that can impact the time probate takes.
To help estimate the time for a specific probate matter, consult an experienced Waterbury attorney.
A: In Waterbury, you can potentially avoid probate fees by creating a revocable living trust, which are typically not subject to probate. If you maintain control of the trust but have selected your named beneficiaries, then that can minimize any issues at the time of their trust inheritance and might avoid them having to go to probate court.
An accomplished Waterbury attorney can also address ways to legally avoid probate fees.
Contact Accomplished Waterbury Probate Lawyers – Burns Thomas, LLC
Going through the probate process can be difficult, especially if you don’t have an experienced estate planning lawyer to provide reliable legal advice throughout the estate administration. With an experienced probate lawyer by your side, you can have the assistance you deserve and the protection of your legal rights. When you need help, contact Burns Thomas, LLC.
Burns Thomas, LLC, can help you avoid any legal setbacks and protect your family during the probate process. Contact our probate lawyers to set up an initial consultation right away.
Contact our firm today to learn more about how our
New Haven County estate planning lawyers can help you.