Probate in Connecticut

Overview

Connecticut has a distinctive probate system with dedicated probate courts in each of its 54 probate districts (consolidated from 133 in 2011). The state does not follow the Uniform Probate Code and has its own estate tax with a $13.61 million exemption (2024). Connecticut's probate courts handle not only estate matters but also conservatorships, guardianships, and other matters, making them some of the most active specialty courts in the country.

Key Facts

• Governing Law: Connecticut General Statutes, Title 45a (Probate Courts and Procedure)
• Court: Probate Court
• Small Estate Threshold: $40,000
• Typical Timeline: 6 to 12 months for standard estates; complex estates can take 1–2 years
• Follows UPC: No

What Makes Connecticut Unique

• Dedicated Probate Court System — Connecticut is one of the few states with standalone probate courts. Each of the 54 probate districts has its own elected judge, providing specialized expertise in estate matters.
• State Estate Tax — Connecticut imposes a state estate tax on estates exceeding $13.61 million (2024 threshold), with rates up to 12%. This is separate from the federal estate tax and requires its own return and planning.
• Probate Court Fees Based on Estate Size — Court fees in Connecticut are calculated as a percentage of the estate value, which can make probate costs more predictable but also higher for larger estates.
• 150-Day Creditor Claims Period — Connecticut's creditor claims period of 150 days (approximately 5 months) is longer than many states, which can extend the overall probate timeline.
• No Separate Inheritance Tax — While Connecticut has an estate tax, it does not impose a separate inheritance tax on beneficiaries, which simplifies the tax picture for heirs.

Probate Process Steps

1. File application for probate with the Probate Court in the district where the decedent resided
2. Court admits the will and appoints a fiduciary (executor or administrator)
3. Fiduciary files a list of heirs and legatees with the court
4. Publish notice to creditors in a newspaper of general circulation
5. Inventory and appraise all estate assets within 2 months of appointment
6. Allow creditor claims period (150 days from fiduciary appointment)
7. Pay valid debts, taxes, and administration expenses
8. File Connecticut estate tax return if required (estates over $13.61 million)
9. Prepare and file final accounting with the Probate Court
10. Distribute assets to beneficiaries after court approval of the accounting

Costs & Fees

Fee Structure: Connecticut Probate Court fees are set by statute and are based on the value of the estate. The fee schedule is progressive, with rates ranging from 0.1% to 0.5% depending on estate value. Attorney fees are separate and typically charged on an hourly or flat-fee basis, as Connecticut does not have a statutory attorney fee schedule for probate.

Typical Attorney Fees: Hourly rates typically $250–$450/hour; flat fees of $3,000–$8,000 for simple estates

Non-Lawyer Fees: $400 – $2,000 including court fees (based on estate value, minimum $150), publication costs ($100–$300), certified copies, and recording fees

Connecticut's percentage-based court fees mean that larger estates pay proportionally more in court costs. Bond may be waived if the will directs it, saving 0.5–1% of the bond amount annually.

Frequently Asked Questions