What Affects the Probate Timeline in Connecticut?

If you are settling the estate of a loved one, one of your first questions is likely how long it will take. In Connecticut, the answer depends on the type of estate, whether there is real estate involved, and how quickly required documents are filed.

Connecticut courts generally recognize three types of estates:

• Affidavit in Lieu of Administration, commonly called a Small Estate

• Tax Purposes Only Estate, also known as a TPO

• Full Estate, with or without a will

Let’s take a closer look at each type and what to expect in terms of timing.

Connecticut’s Estate Tax Filing Rules

No matter the type of estate, Connecticut requires the filing of an Estate Tax Return (Form CT-706/709) within six months of death, even if no tax is owed.

As of 2024, Connecticut’s estate tax exemption matches the federal exemption of $13.61 million. This exemption is scheduled to decrease to approximately $7 million in 2026.

If the estate is not taxable, the return is filed with the Probate Court. If it is taxable, the return is filed with the Department of Revenue Services and may also require a federal Form 706.

When a probate estate includes real property, a single lien release must be obtained before the property can be sold. This release is a Connecticut Estate Tax Lien Release issued by the Probate Court once the estate tax filing requirements have been met.

Small Estate: Affidavit in Lieu of Administration

This simplified process applies when the decedent had no interest in real estate and owned less than $40,000 in porbate property.

A single affidavit is filed with the Probate Court that lists the assets, debts, and funeral expenses. Once any debts are paid, the court approves distribution to the heirs or beneficiaries. These cases usually settle in a matter of months and are the fastest type of estate to administer.

Tax Purposes Only Estate (TPO)

A TPO estate involves no probate assets. All assets pass outside probate through joint ownership, beneficiary designations, or a trust.

If a will exists, it is filed for informational purposes only. The main task is filing the estate tax return and paying any related fees. These cases are often resolved quickly because there are no court-supervised transfers of assets.

Full Estate: Testate or Intestate

A full estate must go through probate when any of the following apply:

• The decedent owned real property in Connecticut

• The decedent had more than $40,000 in solely owned probate property

• The decedent had financial accounts or policies with no named beneficiary

Here is a general timeline of what to expect:

• A fiduciary, such as an executor or administrator, is appointed by the court

• A 150-day period begins for creditors to submit claims

• After the claims period, the fiduciary has 60 days to respond and submit a financial report

• The Probate Court must approve the final accounting before a decree of distribution is issued

• Once distributions are made, an Affidavit of Closing is filed

Most full estates take at least nine months and can extend well beyond a year depending on court schedules, tax clearance, and any disputes that arise.

Trust Administration and Probate

Even if the decedent had a trust, there may still be probate tasks. Trusts must be administered in accordance with the Connecticut Uniform Trust Code, which includes providing accountings and notifying beneficiaries.

If the trust holds real estate, lien releases and tax clearance filings are still required to be filed with the Probate Court.

Every Estate Is Different

There is no one-size-fits-all timeline for probate in Connecticut. Even seemingly simple cases can take longer due to court backlogs, tax processing delays, or missing documents. Having an experienced probate attorney on your side can reduce stress and help prevent delays.

At Harper Law, we guide Connecticut families through the probate process with clarity, care, and efficiency. Whether you are navigating a small estate, administering a trust, or handling a complex probate matter, we are here to help.

Call us today at (203) 883-1656 or contact us online to schedule your consultation.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Please consult an attorney for specific legal guidance.