Understanding the Connecticut Probate Process: How Long Does It Take?

One of the most common questions in estate administration is, “How long does probate take in Connecticut?” The answer depends on several factors, including the type of estate, tax filings, court processing times, and whether any disputes arise.

In Connecticut, probate estates generally fall into three categories:

1. Tax Purposes Only (TPO) Estates – No assets pass through probate.
2. Small Estate Affidavit – The estate is valued under $40,000 and includes no real property.
3. Full Estates – Estates valued over $40,000 or containing real estate require a more formal probate process.

Additionally, all estates must file a Connecticut Estate Tax Return, which impacts the overall timeline. Below, we break down each estate type and what to expect in the probate process.

The Connecticut Estate Tax Return

Regardless of estate size, Connecticut requires a Connecticut Estate Tax Return to be filed within six months of death.

• Estate Tax Exemption: Connecticut’s estate tax exemption currently matches the federal exemption at $13,610,000 in 2024, dropping to approximately $7 million in 2026.
• Tax Filing Requirements: If the estate is below the exemption, a return is still required, but no tax is due. If it is above the exemption, estate taxes must be paid, and additional filings with the Connecticut Department of Revenue Services (CT DRS) are required.

For estates involving real estate, probate fees and estate tax liens must be satisfied before the property can be sold. The Probate Court and CT DRS issue lien releases, which are then recorded on the land records where the property is located.

Once tax clearance is obtained, the probate process can proceed toward final distribution.

Three Types of Estates in Connecticut Probate

1. Tax Purposes Only (TPO) Estates

TPO estates are the quickest to settle since no assets go through probate.

• All assets pass through joint ownership, designated beneficiaries, or a trust.
• A Last Will and Testament is filed with the Probate Court for record-keeping only.
• The estate tax return is filed, and once clearance is received, assets are distributed.

Estimated Timeline: 6–9 months (depending on tax processing).

2. Small Estate Affidavit

This simplified probate process applies to estates valued under $40,000 that contain no real estate.

• The court approves an affidavit listing the estate’s assets and expenses.
• If debts are unpaid, the court orders payments before distributing remaining assets.
• Beneficiaries or heirs receive the assets according to the will or intestacy laws.

Estimated Timeline: 3–6 months (depending on court processing).

3. Full Estates

A full probate process is required if the estate:

• Exceeds $40,000 in assets.
• Includes real estate held in the decedent’s name alone.
• Holds assets requiring probate administration (such as an IRA or life insurance policy with no named beneficiary).

The process involves multiple steps:

1. Petition for Probate: Filed within 30 days of death to appoint a fiduciary.
2. Creditor Claims Period: Creditors have 150 days to submit claims.
3. Inventory & Tax Filings: Filed during the claims period.
4. Return of Claims: Filed within 60 days after the claims period ends.
5. Final Accounting & Distribution: The court approves the final financial report, and the fiduciary distributes assets according to the will or intestacy laws.
6. Affidavit of Closing: Once all final expenses are paid, the estate is officially closed.

Estimated Timeline: 9–18 months (longer if disputes or delays occur).

Trust Administration & Settlement

For estates that include a revocable or irrevocable trust, the trustee is responsible for settling the trust in accordance with Connecticut’s Uniform Trust Code. This process includes:

• Preparing an accounting of trust assets and distributions.
• Providing beneficiaries with Receipt, Release, and Refunding Agreements.
• Distributing trust assets in accordance with the trust terms.

Even if a trust avoids probate, compliance with state and federal tax laws remains an essential step in trust administration.

Factors That May Delay the Probate Process

While some estates settle quickly, others face delays due to:

• Complex asset structures (e.g., multiple properties, business interests).
• Disputes over the will or intestacy distribution.
• Challenges from creditors regarding claims against the estate.
• Court processing delays, especially in high-volume probate courts.
• Failure to respond to attorney or court requests for information.

Being proactive with proper estate planning and working with an attorney early in the process can help streamline probate and prevent unnecessary delays.

How We Can Help

Settling an estate in Connecticut can be complex, and timelines vary based on estate type, tax filings, and legal requirements. Whether you’re managing a small estate, full probate process, or trust administration, understanding the process is crucial to ensuring a smooth resolution.

At the Law Offices of Charles L. Kurmay, we provide guidance throughout the probate process, helping fiduciaries, beneficiaries, and families navigate legal requirements efficiently.

If you need assistance settling an estate, contact us today at (203) 380-1743 to schedule a consultation.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult an attorney for specific legal guidance.