Conn. Prob. Ct. R. P. 30

As amended through April 25, 2023

Rule 30 - Decedents' Estates

Section 30.1 When streamline notice procedure may be used in decedent's estate proceeding

See rule 8.6.

Section 30.2 Death certificate or other proof of death

A petitioner seeking admission of a purported will to probate or the grant of administration for the estate of an intestate decedent shall accompany the petition with a copy of the decedent's death certificate. If the petitioner is unable to obtain a death certificate for the decedent, the petitioner may present other evidence to prove the decedent's death.

(C.G.S. section 45a-329.)

Section 30.3 Court may require petitioner to submit family tree

If necessary to determine the decedent's heirs, the court may require a petitioner seeking admission of a purported will to probate or the grant of administration of the estate of an intestate decedent to submit a family tree that illustrates the decedent's family relationships or other reasonably available information about the identity of the decedent's family members.

(C.G.S. sections 45a-286 and 45a-303(b).)

Section 30.4 Court to inform petitioner of purported will in its custody

(a) If a petitioner seeks admission of a purported will to probate and the court has another purported will for the same decedent in its custody, the court shall advise the petitioner of the existence of the other purported will. The petitioner shall provide the name and address of the executor and each beneficiary under the other purported will.

(b) If a petitioner seeks the grant of intestate administration of an estate and the court has a purported will for the same decedent in its custody, the court shall notify the petitioner of the existence of the purported will. The petitioner shall provide the name and address of the executor and each beneficiary under the purported will. The court shall schedule a hearing on the admission of the purported will before acting on the petition for intestate administration. If no executor or beneficiary under the purported will appears at the hearing to advocate for admission of the purported will, the court shall appoint a temporary administrator to advocate for admission.

(C.G.S. sections 45a-316 and 45a-317.)

Section 30.5 Notice in proceeding to grant administration of intestate estate

(a) The court shall send notice of hearing on a petition seeking the grant of administration of the estate of an intestate decedent to:

(1) each of the decedent's heirs;

(2) the proposed administrator;

(3) the petitioner;

(4) the executor of each purported will in the custody of the court;

(5) the beneficiaries under any purported will in the custody of the court;

(6) each attorney of record; and

(7) other persons as the court determines.

(b) The court shall send a copy of the decree to each person listed in subsection

(a) . If the court grants the petition, the court shall also send notice of the grant of administration, which shall include:

(1) a list of the heirs;

(2) the name and address of the administrator;

(3) a statement indicating whether the administrator is required to submit a probate bond and advising the heirs of their right to request a bond; and

(4) a statement indicating that the heirs may address any questions regarding the estate to the administrator.

(C.G.S. section 45a-303; Probate Court Rules, section 7.2 and rule 8.)

Section 30.6 Notice in proceeding to admit will to probate

(a) The court shall send notice of hearing on a petition to admit a purported will to probate to:

(1) each of the decedent's heirs;

(2) each beneficiary, including the trustee of any inter vivos trust, under the purported will being offered for probate;

(3) each current and presumptive remainder beneficiary of a trust established under the purported will being offered for probate;

(4) the Attorney General, if a beneficiary under a will or any current or presumptive remainder beneficiary of a trust established under the will is a charity or charitable interest;

(5) the proposed executor or administrator;

(6) the petitioner;

(7) each beneficiary, including the trustee of any inter vivos trust, under any other purported will of the decedent in the custody of the court;

(8) each current and presumptive remainder beneficiary of a trust established under any other purported will of the decedent in the custody of the court;

(9) each attorney of record; and

(10) other persons as the court determines.

(b) The court shall send a copy of the decree to each person listed in subsection (a). If the court admits the will to probate, the court shall also send notice of the admission of the will to probate, which notice shall include:

(1) a list of the beneficiaries named in the will and the names of the current and presumptive remainder beneficiaries under any trust established under the will;

(2) the name and address of the executor or administrator;

(3) a statement indicating whether the executor or administrator is required to submit a probate bond and advising the beneficiaries of their right to request a bond; and

(4) a statement indicating that the beneficiaries may address any questions regarding the estate to the executor or administrator.

(C.G.S. section 45a-286; Probate Court Rules, section 7.2 and rule 8.)

Section 30.7 Petitioner seeking admission of purported will to send copy to parties

A petitioner seeking admission of a purported will to probate shall send a copy of the petition and the will to each person listed under section 30.6(a) and shall certify to the court that the copies have been sent.

(C.G.S. sections 45a-282 and 45a-283.)

Section 30.8 Appointment of guardian ad litem in proceeding to admit purported will to probate

(a) In a proceeding for the admission of a purported will to probate, the court may appoint a guardian ad litem for an heir or beneficiary of a decedent's estate as provided in section 13.2 if:

(1) in the case of an heir, the court determines that the heir would likely receive a greater share of the estate if the decedent died intestate than under the purported will that is being offered for probate;

(2) in the case of a beneficiary under a purported will in the custody of the court that is not being offered for probate, the court determines that the beneficiary would receive a greater share of the estate under the will that is not being offered for probate than under the will that is being offered for probate; or

(3) in the case of a beneficiary under a purported will being offered for probate, the court determines that a guardian ad litem is necessary to protect the interests of the beneficiary.

(b) Except as otherwise directed by the court, a guardian ad litem appointed under subsection (a) shall make reasonable efforts to verify that each heir or beneficiary whose name or address is unknown cannot be located but is not required to conduct an exhaustive search for the heir or beneficiary. If the guardian ad litem is unable to locate an heir or beneficiary or if the heir or beneficiary is a minor or is incompetent, undetermined or unborn, the guardian ad litem shall verify that the will was duly executed and make inquiry of appropriate persons to determine whether a reasonable basis exists to challenge the validity of the will. The guardian ad litem shall advise the court in writing whether the guardian ad litem objects to the admission of the will. If the guardian ad litem objects to admission of the will, the guardian ad litem shall request a hearing on the petition and shall present evidence in support of the objection.

(c) The appointment of a guardian ad litem under this section shall terminate on the admission of the will to probate and the disposition of any appeal from the admission of the will unless the court determines that a guardian ad litem is necessary under section 30.9.

(C.G.S. sections 45a-132 and 45a-188.)

Section 30.9 Appointment of guardian ad litem in intestate estate or after admission of will

(a) In any proceeding concerning an intestate estate or concerning a testate estate after the admission of the will, the court may appoint a guardian ad litem for an heir or beneficiary as provided in section 13.2 if the court determines that a guardian ad litem is necessary to protect the interests of the heir or beneficiary.

(b) Except as otherwise directed by the court, a guardian ad litem appointed under this section shall take reasonable steps to locate each heir or beneficiary whose location is unknown. If the guardian ad litem is unable to locate the heir or beneficiary or if the heir or beneficiary is a minor or is incompetent, undetermined or unborn, the guardian ad litem shall review each petition concerning the estate and the overall management of the estate. The guardian ad litem shall advise the court in writing whether the guardian ad litem objects to any petition and may petition the court for review of any action of the executor or administrator to which the guardian ad litem objects. If the guardian ad litem objects to a petition or petitions the court for review of an action by the executor or administrator, the guardian ad litem shall request a hearing and shall present evidence in support of the objection or petition.

(C.G.S. sections 45a-132, 45a-163(a), 45a-164(d) and 45a-188.)

Section 30.10 Notice in testate estates after admission of will

After sending a copy of the decree admitting a will to probate and the notice required under section 30.6(b), the court is not required to give notice of subsequent proceedings to the decedent's heirs or beneficiaries under any purported will not admitted to probate unless requested under C.G.S. section 45a-127.

(C.G.S. section 45a-293; Probate Court Rules, rule 8.)

Section 30.11 Notice when heir or beneficiary is a foreign citizen

If the court is aware that an heir or beneficiary is a citizen of a foreign country and if required by treaty between the United States and the country of which an heir or beneficiary is a citizen, the court shall send the decree admitting a will to probate or granting administration of the estate ofan intestate decedent to the embassy or consulate of the country of the heir or beneficiary.

Section 30.12 Executor or administrator to send copy of inventory, status update, financial report or account and affidavit of closing to each party and attorney

(a) Except as provided in subsection (c), the executor or administrator of an estate shall send a copy of the inventory, each supplemental or substitute inventory, each status update, each financial report or account and the affidavit of closing, at the time of filing, to each party and attorney of record and shall certify to the court that the copy has been sent. An executor or administrator who submits an affidavit in lieu of administration as a substitute for an inventory or account under section 30.23 shall send copies of the affidavit in accordance with this subsection.

(b) If a beneficiary under a will or any current or presumptive remainder beneficiary of a trust established under the will is a charity or charitable interest, the executor shall send a copy of the inventory, each supplemental or substitute inventory, each status update, each financial report or account and the affidavit of closing, at the time of filing, to the Attorney General and shall certify to the court that the copy has been sent.

(c) The executor or administrator is excused from the requirement of sending copies under subsections (a) and (b) to any beneficiary of a specific bequest who has acknowledged, in writing, receipt of the bequest. The executor or administrator shall file a copy of the acknowledgment with the court. After receipt of the acknowledgment, the court shall not send notice of any subsequent proceeding to the beneficiary unless the court grants special notice under C.G.S. section 45a-127.

(C.G.S. sections 45a-175 and 45a-341.)

Section 30.13 Conflicting petitions for appointment of commissioner of administrative services as legal representative and settlement using small estates procedure

If the commissioner of administrative services seeks appointment as legal representative of a decedent's estate under C.G.S. section 4a-16, the court shall dismiss an affidavit in lieu of administration concerning the same estate that was not acted on before the court's receipt of the commissioner's application. The court may act without notice and hearing. The court shall send a copy of the decree dismissing the affidavit to the petitioner and the commissioner.

(C.G.S. section 45a-273.)

Section 30.14 Settlement of claims in favor of decedent's estate

(a) An executor or administrator may file a petition seeking authority to settle a claim in favor of the estate. The executor or administrator shall accompany the petition with a settlement statement that includes:

(1) the gross amount of the proposed settlement;

(2) an itemized list of expenses associated with the settlement, including any proposed attorney's fee;

(3) the total amount of liens for medical expenses;

(4) the total amount of liens for public assistance;

(5) the anticipated net proceeds that the estate will receive; and

(6) the terms of a proposed structured settlement, if any.

(b) The executor or administrator shall present evidence that the proposed settlement is in the best interests of the estate. The court may require the executor or administrator to submit additional information, including, but not limited to:

(1) police reports;

(2) medical reports;

(3) medical expenses; and

(4) health, liability and uninsured motorist insurance coverage.

(c) The court may approve the proposed settlement if the court determines that the settlement is in the best interests of the estate.

(d) The executor or administrator shall file an inventory or supplemental or substitute inventory showing the proceeds of the settlement not later than 30 days after receipt.

(C.G.S. section 45a-151.)

Section 30.15 Sale of real property from decedent's estate

(a) An executor or administrator may file a petition seeking authority to sell real property by private sale. The executor or administrator shall accompany the petition with a copy of the contract of sale and, if not previously filed, an inventory or supplemental or substitute inventory that lists the property and includes a copy of the deed.

(b) The executor or administrator shall present evidence regarding the fair market value of the property. The court may require the executor or administrator to submit a comparative market analysis, appraisal, municipal assessment or other information about the value of the property.

(c) The court may require the executor or administrator seeking authority to sell the property to submit a return of claims.

(d) Notice of hearing on the petition shall not be required to be made by publication unless the court determines that notification of the public is necessary to protect the interests of the estate.

(e) The court may excuse notice of hearing on the petition if all parties waive notice. If a beneficiary under a will or any current or presumptive remainder beneficiary of a trust established under the will is a charity or charitable interest, the court may excuse notice only if the Attorney General joins the other parties in waiving notice.

(f) The court may approve the sale of the property if the court determines that the sale is in the best interests of the estate.

(g) If a prospective purchaser other than the buyer identified in the petition indicates that the prospective purchaser is willing to pay a price that is higher than the amount specified in the contract of sale, the court may deny the petition and order a public sale or take other action as the court determines to be in the best interests of the estate.

(C.G.S. sections 45a-164 through 45a-168, 45a-317(c), 45a-324 through 45a-327, 45a-341(e), 45a-427 and 45a-428.)

Section 30.16 Distribution from estate to minor or beneficiary who is incapable of managing his or her affairs

(a) Except as provided by will, an executor or administrator shall not make distribution to, oron behalf of, an adult heir or beneficiary who has been adjudicated incapable of managing his or her affairs unless a conservator of the estate has been appointed or a court has determined that adequate alternative arrangements for the management of the financial affairs of the heir or beneficiary have been established. The court may require proof of the authority of a conservator or other representative to receive property on behalf of the heir or beneficiary.

(b) Except as provided by will, an executor or administrator shall not make distribution to, or on behalf of, an heir or beneficiary who is a minor residing in this state if the total amount of distributions from the estate is anticipated to exceed the amount under C.G.S. section 45a-631 unless a guardian of the estate has been appointed for the minor. If the minor resides outside this state, the executor or administrator shall not make distribution to, or on behalf of, the minor unless a guardian has been appointed for the minor under C.G.S. section 45a-632 or 45a-635 or the court has approved distribution in accordance with the requirements of the jurisdiction of residence concerning the management of estates of minors. The court may require proof of the authority of a guardian of the estate or other legal representative to receive property on behalf of the minor.

(C.G.S. sections 45a-558b, 45a-636 and 45a-650; Probate Court Rules, section 4.2.)

Section 30.17 Mutual distribution agreement

(a) In an intestate estate, a mutual distribution agreement is valid if all the heirs execute the agreement in accordance with the requirements of C.G.S. section 45a-433(b). A mutual distribution agreement under this subsection may provide for distribution of property to a person other than an heir.

(b) In a testate estate, a mutual distribution agreement is valid if all the beneficiaries whose interests are affected by the distribution execute the agreement in accordance with the requirements of C.G.S. section 45a-434. If a beneficiary under the will or any current or presumptive remainder beneficiary of a trust established under the will is a charity or charitable interest, a mutual distribution agreement is valid only if the Attorney General is party to the agreement. A mutual distribution agreement under this subsection may provide for distribution of property to a person other than a beneficiary under the will.

Section 30.18 Distribution that bypasses inoperative trust

An executor or administrator who proposes distribution from an estate directly to the beneficiaries of an inoperative trust rather than to the trustee shall file a motion for authorization to bypass the trust under C.G.S. section 45a-482. The court may hear the motion at the same time as the final financial report or account.

Section 30.19 When executor or administrator to submit financial report or account

(a) An executor or administrator shall submit a final financial report or account when the executor or administrator has completed settlement of a decedent's estate or when the executor or administrator seeks to resign or is removed by the court.

(b) The fiduciary of the estate ofan executor or administrator who dies while administering a decedent's estate shall file a final financial report or account on behalf of the deceased executor or administrator. A successor executor or administrator appointed for the original decedent's estate may file a final financial report or account on behalf of the deceased executor or administrator if no fiduciary has been appointed for the deceased executor or administrator's estate.

(c) On motion of a party or on the court's own motion, the court may direct the executor or administrator to file an interim financial report or account if necessary to protect the interests of the estate.

(d) An executor or administrator may submit a final financial report or account simultaneously with a petition for determination of insolvency under C.G.S. section 45a-383.

(C.G.S. sections 45a-175 and 45a-180.)

Section 30.20 Required contents of financial report or account of executor or administrator

See rules 36 through 38.

Section 30.21 When executor or administrator to submit status update

(a) Not later than three months after the first anniversary of the appointment of an executor or administrator and on each anniversary date thereafter, an executor or administrator who has not submitted an interim or final financial report or account shall submit an update on the status of the estate, which status update shall include:

(1) the approximate amount of distributions already made to the heirs or beneficiaries;

(2) the approximate amount of the estate on hand on the date of the status update; and

(3) the reasons why administration has not been completed.

(b) On motion of a party or on the court's own motion, the court may order the executor or administrator to take specific steps to expedite the administration of the estate.

(C.G.S. section 45a-175.)

Section 30.22 When inventory and final financial report or account excused

(a) The temporary administrator of a decedent's estate may petition the court to excuse the requirement of an inventory and final financial report or account by submitting a statement signed under penalty of false statement that the administrator did not take control of any assets or income of the estate. The administrator shall send a copy of the statement, at the time of filing, to each party and attorney of record and shall certify to the court that the copy has been sent.

(b) The court may excuse the requirement that the temporary administrator submit an inventory and final financial report or account if the court determines that the administrator did not take control of any assets or income of the estate.

(c) The executor or administrator of a decedent's estate may petition the court to excuse the requirement of an inventory and final financial report or account by submitting a statement signed under penalty of false statement that the estate has no assets and, if not previously filed, a return of claims. The executor or administrator shall send a copy of the statement, at the time of filing, to each party, creditor and attorney of record and shall certify to the court that the copy has been sent.

(d) When giving notice of the hearing on the acceptance of the statement under subsection (c), the court shall send notice to each creditor listed on the return of claims, in addition to notice to each party and attorney of record. The court may excuse the requirement that the executor or administrator submit an inventory and final financial report or account if the court determines that the estate has no assets.

((C.G.S. sections 45a-175, 45a-317 and 45a-341.)

Section 30.23 Affidavit to settle full estate

(a) If a decedent's estate is opened as a full estate but is subsequently determined to be eligible for settlement as a small estate under C.G.S. section 45a-273, the executor or administrator may submit an affidavit on a form published by the probate court administrator as a substitute for the inventory, return of claims and final account. The fiduciary shall send a copy of the affidavit, at the time of filing, to each party and attorney of record and shall certify to the court that the copy has been sent.

(b) The court may, after notice and hearing, approve the affidavit as a final account if it determines that the affidavit is sufficient to review the fiduciary's management of the estate.

((C.G.S. sections 45a-175, 45a-341 and 45a-361.)

Section 30.24 Administrative closure of decedent's estate

(a) The court may, after notice and hearing, close a decedent's estate administratively before receipt of a final financial report or account and before expiration of the period specified in C.G.S. section 45a-331 if the court finds that:

(1) the clerk has made reasonable efforts to remind the executor or administrator, in writing, of the requirements to complete the administration;

(2) the executor or administrator has neglected or refused to complete administration;

(3) appointment of a successor executor or administrator would serve no useful purpose; and

(4) no party objects to the administrative closure.

(b) The administrative closure of an estate shall not relieve the executor or administrator from any liability or obligation. Except as provided in C.G.S. section 45a-331, the court shall not release any existing probate bond or restricted account.

(c) The court may, at any time and without notice and hearing, reopen an estate that has been administratively closed.

(Probate Court Rules, rule 8.)

Section 30.25 Construction, title and cy pres petition relating to decedent's estate

(a) If the court declines jurisdiction to hear a construction, title or cy pres petition concerning a decedent's estate under C.G.S. section 45a-98a(a), the court shall send written notice of the declination to each party and attorney of record.

(b) If a beneficiary under a will or any current or presumptive remainder beneficiary of a trust established under the will is a charity or charitable interest, the court shall send written notice of the declination to the Attorney General.

(Probate Court Rules, section 8.10.)

Section 30.26 Withholding of distribution when heir or beneficiary charged with certain crimes

On motion of the victim advocate, state's attorney or official having an equivalent role in another jurisdiction or on motion of a party or court-appointed guardian ad litem, the court shall direct the executor or administrator to withhold any distribution to an heir or beneficiary if the court finds that the heir or beneficiary has been charged with a crime listed under C.G.S. section 45a-447. On final disposition of the charge, the court shall determine the eligibility of the heir or beneficiary to receive distributions under C.G.S. section 45a-447.

Section 30.27 Where to file petition to access safe deposit box to search for will or cemetery deed

A petition to access a safe deposit box to search for a will or cemetery deed may be filed:

(1) in the court for the probate district in which the decedent was domiciled on the date of death if the decedent was a Connecticut resident; or

(2) in the court for a probate district meeting the requirements of C.G.S. section 45a-287 or 45a-303 if the decedent was not a Connecticut resident.

Conn. Prob. Ct. R. P. 30

Rule 30 adopted effective 7/1/2013. Sections 30.4, 30.5, 30.6, 30.11, 30.12, 30.13, 30.15, 30.16, 30.18, 30.22, 30.23 amended and section 30.26 adopted effective 7/1/2015. Sections 30.4, 30.12, 30.14, 30.15 and 30.22 amended effective 7/1/2017. Sections 30.2, 30.5, 30.6, 30.11, 30.12, 30.19 and 30.23 amended effective 1/1/2020; Section 30.19 amended and section 30.27 adopted effective July 1, 2022.