Can you avoid formal probate by completing a Small Estate Affidavit? For some residents, Connecticut’s simplified probate court proceedings for small estates can reduce court involvement and simplify the process of transferring assets to your beneficiaries after your death. Understanding how Connecticut’s simplified probate works, and how to qualify, can help you make estate planning decisions now that will make things easier for your loved ones after your death.

What is a Small Estate Affidavit?

A Small Estate Affidavit is a sworn document filed in the Connecticut probate court to begin the simplified probate court proceedings for small estates. The formal name of this document is the “Affidavit in Lieu of Probate of Will / Administration.” In other words, it is a document filed with the court instead of a formal probate petition requesting letters appointing the estate’s personal representative.

When a Connecticut resident dies, a Small Estate Affidavit can be filed by the person closest to the deceased: his or her surviving spouse (if married), next of kin (if unmarried), or other interested party (if no surviving spouse and any kin is unwilling to file). As the name implies, the Small Estate Affidavit is a sworn statement, signed under penalty of perjury. It contains:

• The deceased’s identity
• The date of death
• Whether the deceased had a will
• Whether the deceased received state aid or care
• A list of the deceased’s solely owned probate assets
• A list of claims against the estate including taxes
• Identification of any claims against the estate paid by a third party and by whom

Which Estates Qualify for Simplified Probate Court Proceedings?

Connecticut law offers a simplified probate procedure for small estates. But who can file a Small Estate Affidavit? The simplified process is available in cases that involve no real estate with a total estate value of $40,000, calculated as of the date of death. That is in addition to any non-probate assets like insurance benefits, jointly held property, or transfer on death accounts. However, that doesn’t mean Small Estate Affidavits are only useful for low-income families.

To qualify for simplified probate, some more affluent Connecticut residents will work with an experienced estate planning attorney to transfer most of their assets into a revocable living trust during their lifetime. Because funding a trust transfers the property out of your name and into the control of the trust (a separate legal entity), it does not count toward the size of your estate for probate purposes. Often, a grantor will fund their revocable living trust with all their largest assets – transferring the titles to houses, vehicles, and investments into the trust’s name while they are alive. But they may retain a small bank account in their own name for ease of use such as receiving salary and retirement income, or paying personal expenses. A pour-over will and a Small Estate Affidavit can be used to transfer that final account and any remaining probate assets into the deceased’s estate, allowing the trustee to oversee the distribution.

Connecticut’s Small Estates Procedure

Connecticut’s small estates procedure is a simplified probate process that allows a deceased’s assets to be used to pay their final expenses and funeral costs or reimburse someone who has paid those expenses already. Any remaining assets are then distributed to the decedent's heirs and beneficiaries. The process is straightforward:

Submit the Small Estate Affidavit

The small estate process starts when the Small Estate Affidavit is filed in the Connecticut probate court (using a specific form). You will also need to file a second non-public form containing confidential information such as their social security number. This protects your loved one’s identity while the estate is being distributed.

Request an Order of Distribution

A third form, the Request for Order of Distribution is completed and filed along with the Small Estate Affidavit in cases where the assets exceed the estate’s expenses and debts. This form asks the Connecticut Probate Court to distribute the estate’s remaining assets according to the terms of the person’s will (which is attached), or by applying Connecticut intestacy law. If the distribution requested differs from those laws because of the language of the will, each of the person’s heirs are required to sign the form.

Wait

After the Small Estate Affidavit is filed, there is a 30-day waiting period. During this time the Connecticut probate court will validate your submission and confirm the validity of any will that has been submitted.

Receive the Order of Distribution

After the Connecticut probate court validates your Small Estate Affidavit and Request for Order of Distribution, it will send the person filing the affidavit or their estate administration attorney an order. This Order of Distribution dictates how the estate’s debts will be paid, and how any remaining assets will be divided. This order can be taken to the deceased’s banks, financial advisors, and anyone else holding assets related to the estate to transfer the property to the people or creditors listed in the Order.

Get Help Filing a Small Estate Affidavit in Connecticut

The Connecticut small estate process is simpler and faster than formal probate, but it can still be overwhelming, especially if you have just lost a loved one. You don’t have to face the probate court alone. The estate planning attorneys at Lawrence & Jurkiewicz, LLC represent clients in Hartford and Litchfield Counties. Attorney Edward Jurkiewicz has decades of experience helping individuals and families plan for their future. He can help you file a Small Estate Affidavit to take advantage of Connecticut’s small estate process and resolve your loved one’s estate sooner. Please call us at (860) 264-1551 or contact us at your convenience to start resolving your loved one’s estate today.