This is the next article in our series on the duties of estate executors in Hartford and other Probate Districts in Connecticut. Our last article provided an overview of topics which this series will be addressing. It also stressed the need to retain an experienced attorney if you are being called upon to serve as the executor of an estate. It is important that you retain qualified counsel as handling probate comes with many potential pitfalls and a misstep can lead to liability on one’s behalf. In this article we will be discussing the fact that the Probate Court must approve an executor before they may begin to manage the estate. If you or a family member are in need of assistance then contact our office today to speak with a lawyer.
Many people are under the mistaken belief that when someone is named executor in a will then they automatically have the authority to manage the estate’s affairs once the testator passes away. This is not the case. The Probate Court must approve the individual, who is named in the will, to serve as executor. As we discussed in our article on Preventing an Estate Executor’s Appointment, Connecticut has fewer restrictions on who can serve in this role than what is typical in other states. These restrictions typically focus on competency and issues of general suitability.
The first step in gaining the role of executor is to file a Petition with the Court to probate the Last Will and Testament. The Court will hold a hearing to admit the Will to Probate and to appoint the executor. If the will did not name an executor, or for some reason the named executor cannot serve, then the Court will appoint an appropriate individual into the role. When appointing such an individual (who would be known as the “administrator” of the estate), the Court will first look to the family members of the deceased. The executor or administrator will then receive what are known as “fiduciary certificates” which allow him or her to act on behalf of the estate. They will be tasked with inventorying the estate’s assets, paying bills, filing tax returns, etc.
The aforementioned process will often go smoothly but can be disrupted for a variety of reasons. Heirs or potential heirs may attempt to challenge the validity of the will. This can come in the form of claiming that the will is fraudulent, that it was signed under duress, or that it was signed at a time when the deceased lacked capacity to be considered of “sound mind.” There may also be instances where individuals are not challenging the validity of a will but are challenging the executor’s appointment. Finally, any mishandling of the estate’s affairs, after an executor has been appointed, can quickly lead to litigation.
If you have been named to serve as the executor of an estate, then contact our office online or by telephone to speak with a Hartford probate lawyer. We understand that this is a stressful time in your life, and we will help you to navigate the process. This includes assisting you during interactions with heirs, creditors, and other interested parties. Our firm has been serving the community for decades and we are proud of the level of service which we provide. Contact us online or by telephone today to schedule an initial consultation. We also service the areas of Wethersfield, New Britain, Rocky Hill, East and West Hartford, Bristol, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
