How Long Do You Have to File for Probate After a Death?

If your loved one has just passed away, you may be feeling overwhelmed by everything you need to do to honor their life, manage their affairs, and see to their estate, all while experiencing grief over their loss. Knowing how long you have to file for probate after a death can help you prioritize your to-do list and give yourself the space you need to grieve.

How Long After Death Do You Have to File a Connecticut Probate Case?

In Connecticut, the deadline to file for probate in Connecticut Probate Court is 30 days after the decedent’s death. Within that period, the deceased’s next of kin will need to file a copy of the person’s Last Will and Testament, a certified copy of the Death Certificate, and a Petition for Administration or Probate of Will (PC-200). However, if the decedent’s estate qualifies for Connecticut’s small estate procedure, you can file an Affidavit in Lieu of Probate of Will/Administration (PC-212) instead.

If the decedent did not have an estate plan when they died, you still need to file the Death Certificate and a petition to become the administrator of the estate. The difference is, in an intestate estate proceeding (when there is no valid will), the Connecticut probate court will use the state’s intestate statutes to divide up your loved one’s assets, regardless of their wishes.

What Happens if You Wait Too Long to File for Probate After a Death?

One common pitfall Connecticut residents fall into after a loved one dies is waiting too long after the person’s death to start the probate action. If you miss the 30-day deadline, you could incur additional costs that will reduce the size of the estate. There are exceptions to the 30-day rule, but it is better to meet the deadline.

In addition to the probate court penalties, if you wait too long to start the probate process, it could result in:

• Banks and financial institutions freezing the deceased’s assets (which you cannot access until you have been appointed the personal representative of the estate)
• Creditors continuing to pursue collections from the deceased’s estate
• Problems transferring titled assets (such as the deceased’s home, vehicles, or boats)
• Increased tension and disputes between heirs and beneficiaries
• Difficulties inventorying the deceased’s assets due to lost records, misplaced, or taken personal property items

But don’t panic! You don’t need to have everything sorted out before you file the probate petition. The 30-day deadline is just for the filing of the petition, which is the start of the probate case, not the end of it. Your Connecticut estate administration attorney can help you get the death certificate, identify the right local courthouse, and complete and file the probate petition or affidavit on time. If you need to file supplemental information or an amended petition later, you can do that too.

How to Find a Loved One’s Will After Death

One reason why some people miss the deadline to file for probate after death is because they have trouble locating the deceased’s estate planning paperwork. This can be a significant issue, especially if your loved one kept property or documents in multiple locations, or had substantial amounts of paperwork or personal property. To find your loved one’s will:

• Check common storage for important documents such as safes, fireproof boxes, filing cabinets, and desks.
• If the deceased named you a designated contact for their cloud storage accounts, search those accounts for words like “Will” “Estate Plan” “Trust” or “Testament.”
• Open safety deposit boxes held at your loved one’s bank (you may need to fill out PC-203 to get access).
• Use the Connecticut Probate Case Lookup tool to see if a probate estate has already been opened.
• Check with family, business partners, and close contacts to see if they have a copy of the will.
• Contact your loved one’s attorney, accountant, or estate planner who may have retained a copy of the estate plan.

How Long After Death Will Heirs Get Access to the Deceased’s Assets?

The Connecticut probate process can take several months to more than a year before assets are distributed to the deceased’s beneficiaries or heirs. Settling a small estate (with a probate value under $40,000 and no real property) can be accomplished faster. However, probate disputes and creditor claims can draw the process out significantly.

But there are ways to get access to the deceased’s home and funds sooner if needed to support his or her spouse or dependent children. Your estate administration attorney can file a petition to distribute reasonable sums to cover expenses, occupy the family home, or use the family car all while the case is still pending. This can make sure those family members’ needs are met so they can process their loss and focus on supporting one another through that difficult time.

Get Help Filing for Probate After the Death of a Loved One

Dealing with a loved one’s probate estate doesn’t have to be overwhelming. Working with an experienced estate administration attorney can ensure that you meet Connecticut’s deadline for filing a probate petition, as well as all the probate court requirements as the case progresses. The estate planning attorneys at Lawrence & Jurkiewicz, LLC represent clients in Hartford and Litchfield Counties. Please call us at 860-626-1333 or contact us at your convenience to discuss your estate plan and prepare your last will and testament.