Probate in Connecticut: small estates, no will, skipping court

Updated 2026-10-18

The short answer

In Connecticut, family can settle a small estate by filing an affidavit with the Probate Court if solely owned personal property is $40,000 or less and there is no solely owned Connecticut real estate. Larger estates go through Probate Court. Connecticut has no transfer-on-death deed, and it has an estate tax above $15 million.

When someone dies in Connecticut, the family's first question is usually practical. Do we have to go to court, and how long will it take?

In Connecticut, almost every estate touches the Probate Court, even the small ones. The small estate route is short, though. This page covers that route, who inherits if there is no will, who serves, and the tax. It is part of our state-by-state estate planning guides. If the word is new, start with what probate is.

Can my family use a small estate affidavit in Connecticut?

Yes, if the estate fits. Connecticut calls it "settlement of small estates without probate" (C.G.S. 45a-273). It works when both of these are true:

The person's solely owned personal property is $40,000 or less. Property that passes outside probate, such as a joint account, doesn't count.
The person owned no solely owned real estate in Connecticut.

How it works:

The surviving spouse files a sworn affidavit with the Probate Court for the district where the person lived. If there is no spouse, any next of kin can file. If none will, the court can accept someone else with a real interest, including a creditor.
The affidavit lists the assets, the debts, and whether the person received state aid.
The court sends a copy to the Department of Administrative Services and waits 30 days.
The court then issues a decree saying who gets paid and who receives what. Banks that transfer under the decree are protected.

In Connecticut this is a court filing, not a form you hand straight to a bank.

Who inherits if there's no will?

Connecticut's intestacy law decides (C.G.S. 45a-437). A surviving spouse takes:

Family left behind	Spouse's share
No children or other descendants, and no parent	Everything
No descendants, but a parent survives	The first $100,000 plus three-quarters of the rest
Descendants who are all also the spouse's	The first $100,000 plus one-half of the rest
Any descendant who is not the spouse's	One-half

Whatever doesn't pass to a spouse goes in this order (C.G.S. 45a-438, C.G.S. 45a-439):

Children equally, with a deceased child's share going to that child's descendants.
Parents equally.
Brothers and sisters and their descendants.
Next of kin in equal degree.
Stepchildren and their descendants.

Half-siblings take the same as full siblings. Friends never appear on this list. If you want a friend, a charity or a neighbor to receive anything, it has to be in a will or trust. Our post on dying without a will covers what happens when the list runs short.

A will in Connecticut must be signed by you and two witnesses. A handwritten will made in Connecticut without two witnesses is not valid (C.G.S. 45a-251).

Who serves as executor or administrator?

With a will, the executor named in it serves. With no will, the Probate Court holds a hearing and appoints an administrator from the people who inherit, in this order (C.G.S. 45a-303):

Surviving spouse.
A child.
A grandchild.
Parents.
A brother or sister.
Other next of kin who inherit.

If they refuse, can't serve or can't post a bond, the court may appoint any other proper person. The executor or administrator is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can someone out of state serve?

Yes. Connecticut has no rule limiting out-of-state executors to relatives. One extra step applies: before the appointment takes effect, the nonresident files a certificate naming the probate judge as their agent to receive legal papers (C.G.S. 52-60).

A probate bond is required of an executor unless the will waives it, and the court may still require one (C.G.S. 45a-289). A bond is always required of an administrator.

Is there a simpler kind of probate?

Not in the way some states offer it. Connecticut has no informal or independent administration. The Probate Court holds a hearing before appointing an administrator, though everyone interested can waive notice. The small estate affidavit is the simplified option. Our post on the probate process walks through the general steps.

How long do creditors have?

The court publishes a newspaper notice within 14 days after the first fiduciary is appointed. Creditors should come forward within 150 days of that appointment (C.G.S. 45a-356).

That deadline is not a hard cutoff. A late debt isn't wiped out, but the fiduciary isn't personally liable for money paid or distributed in good faith before it showed up. A fiduciary can also send a creditor a notice with a deadline of at least 90 days, and that creditor is barred after it passes. If the person received state aid, the state has 90 days to present its bill.

How much is the executor paid?

Connecticut says "reasonable." There is no percentage schedule in the probate statutes. The Probate Court reviews fiduciary and attorney fees for reasonableness, even without an objection. It looks at the size of the estate, the work involved, special problems, results, and time and labor (Connecticut Probate Court Rules of Procedure, Rule 39).

The Probate Court also charges its own probate fees on estates. Those are separate from the estate tax. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Not with a transfer-on-death deed. Connecticut doesn't allow them for real estate as of 2026. Its transfer-on-death law covers securities only (C.G.S. 45a-468). A 2026 bill to allow them was heard in committee and not passed (2026 HB 5266).

That leaves a revocable living trust as the usual way to keep a Connecticut home out of court. A trust created on or after January 1, 2020 is revocable unless it says otherwise (C.G.S. 45a-499oo). Our posts on what a trustee does and how to avoid probate explain the options.

Will my heirs owe Connecticut estate tax?

Only on large estates. For deaths in 2026, the Connecticut exemption is $15 million, and the tax is a flat 12% above that (Connecticut Department of Revenue Services; C.G.S. 12-391). Connecticut also has a gift tax with the same $15 million exemption, one of very few states that does.

Which path fits?

Situation	Likely path in Connecticut
Personal property $40,000 or less, no solely owned Connecticut real estate	Small estate affidavit filed with the Probate Court
Any solely owned Connecticut real estate	Probate Court administration (or the home was in a trust)
Home held in a revocable living trust	Successor trustee transfers it, no probate for the home
Joint accounts or accounts with a named beneficiary	Pass outside probate directly
Estate over $15 million	Probate plus a Connecticut estate tax return

Here is a typical case, a composite. Ruth, 76, lived in Stamford and never married. Her condo was in a living trust naming her niece as successor trustee. Her checking account, in her name only, held about $30,000. Her niece filed the small estate affidavit for the account, and transferred the condo as trustee.

Some people would rather not leave this to a niece in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Connecticut financial power of attorney guide and Connecticut medical power of attorney guide.

Common questions

What is the small estate limit in Connecticut?

$40,000 in solely owned personal property, and the person must have owned no solely owned Connecticut real estate. The affidavit is filed with the Probate Court, which waits 30 days after notifying the state before issuing its decree.

Does a surviving spouse inherit everything in Connecticut?

Only if there are no descendants and no surviving parent. Otherwise the spouse takes the first $100,000 plus a fraction, or one-half if any child is not also the spouse's.

Does Connecticut allow transfer-on-death deeds?

No. As of 2026 Connecticut has no transfer-on-death deed for real estate. A living trust is the usual way to pass a home without probate.

Can someone who lives out of state be executor in Connecticut?

Yes. A nonresident must file a certificate naming the probate judge as agent to receive legal papers before the appointment takes effect.

Does Connecticut have an estate tax?

Yes. For 2026 deaths the exemption is $15 million, with a flat 12% tax above it. Connecticut also has a gift tax with the same exemption.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

Keep reading

State guidesPower of attorney in Connecticut: rules, signing, who to namePower of attorney in Connecticut is durable by default and needs two witnesses. A notary makes banks accept it. Here's how to sign it and who to name.State guidesMedical power of attorney in Connecticut: how to sign oneMedical power of attorney in Connecticut: naming a health care representative, the two-witness rule, the living will, and why no default decision-maker law.State guidesEstate planning by state: guides for all 50 statesEstate planning by state: what stays the same everywhere, what changes, and power of attorney, medical and probate guides for all 50 states.