This is the next post in our series on how to become the executor of an estate in Hartford, Connecticut. Our last article addressed whether named estate executors can decline the role. There are several reasons why an individual might not want to serve as an executor of an estate such as the time commitment, or the financial, emotional, and legal commitments often required. It also stressed the importance of securing an attorney to ensure the estate is handled properly and that the risk of mismanagement is minimized. In this article, we will discuss the probate process as well as common issues that can cause delays and complications. Contact our office today to speak with a lawyer if you or a loved one are in need of assistance.
Probate will begin by submitting the last will and a petition to the Connecticut Probate Court
Probate is the legal process that is utilized to administer a person’s estate after they pass away and make sure their desires for their assets are followed. If no will exists, the estate goes to probate. If there is a will, it usually goes to probate court unless it meets an exception. The first step in the probate process involves the executor submitting the last will and filing a petition to the Connecticut Probate Court. The purpose of the petition is the making of a formal request to validate the will and recognize an executor or appoint an administrator to manage the estate. The proposed executor filing a petition must submit additional documentation such as the will, a death certificate, and any other Probate Court Forms relevant to the circumstances. The Court then reviews the Petition and, if approved, a Court order accepting the will for probate will be made. The Court will also issue fiduciary certificates, which gives the executor the authority to begin gathering assets, settling debts, and distributing the estate. An executor can expect to take an oath, swearing to handle the estate honestly and lawfully.
The probate process is not always smooth and without complications. There are several issues that can cause delays to the process. For example, the deceased person’s heirs or beneficiaries could challenge the validity of the will if they are not satisfied with the terms. A claim that the will was forged or made without the required mental capacity can begin a lengthy court process of deciding its validity. Even if a will is valid, it could include ambiguities or conflicts, requiring the Court to interpret the meaning. A deceased person may not have had a will at all–also known as dying intestate–causing the estate to be administered under Connecticut’s intestacy laws. If an executor or an administrator does not understand what to do to effectuate the estate administration, inefficiency and confusion lead excessive delays. Delays caused by the fiduciary, whether an executor or an administrator, are easily avoided by retaining an experienced attorney.
When beneficiaries disagree about asset distribution, the Court often needs to get involved. Beneficiaries who cannot be found or who are minors and require additional legal protection significantly prolong the disbursement of the estate. Real estate or businesses can make the process take longer especially if experts must be hired to appraise assets.. Also, all debts must be paid from the estate before assets can be distributed. Depending on the debts to settle, probate can be delayed.
Having an experienced attorney who understands how to address such complications and delays is a great way to ensure the process continues moving forward with as little issues as possible.
It is important for Hartford executors to retain an attorney to handle probate
Even without any of the complexities that cause delays, the probate process can still be complicated. Retaining an attorney to handle probate is wise as counsel with experience in this area can explain the process and map out the course of action. An executor can be fined or found liable for mismanaging an estate if he fails to settle debts or otherwise mishandles the situation. The risks of executing an estate can be significant, which is why it is critical not to do it on your own. In addition to increasing an executor’s confidence and ability to carry out the will of the deceased, an attorney also has the effect of bypassing or quickly moving through delays.
Contact us online or by phone to speak with a Hartford probate lawyer. A high level of service is of utmost importance to us. We also service the Connecticut areas of Wethersfield, New Britain, Bristol, Rocky Hill, West Hartford, East Hartford, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
