This is the next article in our series on the duties placed upon executors in a Connecticut probate. Our last article discussed the fact that executors must be approved by the Probate Court. The fact that one was named in the will to administer the estate does not give them any type of automatic authority. Retaining an experienced attorney is an important first step towards making sure appointments are completed without issue. In this article we will discuss specific requirements that an executor must follow as the matter proceeds through probate. If you need assistance with handling an estate, then contact our Hartford probate lawyers today.
Connecticut Estate Executors Have Several Tasks Which They Must Complete
Once an executor has been appointed then there are several tasks which need to be completed. Depending on the nature of the case, some of these tasks may or may not require approval from the Court. Initial tasks which will need to be completed include the following:
- Providing notice to creditors – Notice must be given to all creditors of the estate that the matter is pending in probate. This notice will need to identify the deceased, the address where the creditors may serve any claims they wish to present, etc. These notices will be required for both secured and unsecured creditors. The notices are required to be published in local newspapers with a circulation that satisfies the statutory requirements for creditor notices. The probate court has designated publications that they accept.
- Providing notice to heirs of the estate – All heirs of the estate must be provided with a notice that probate is commencing. Proof of these notices must be filed with the Court. The heirs, whether named in the will or not, must be sent copies of the petition to admit the will, along with a copy of the will. The Petitioner will need to certify that copies of these documents were sent to all heirs designated in the will and to all natural heirs of the decedent. Some probate courts require a family tree so that the court knows that all living heirs are notified.
- Inventorying the estate – The executor is required to complete an inventory of all items within the estate. Items included in the inventory will include real property, valuables, cars, and other items which do not automatically pass outside of probate. Essentially all property owned by the decedent at the time of death.
After these initial tasks have been completed, and as the case proceeds, there are several other tasks which will fall to an executor in the State of Connecticut. These tasks include, but are not limited to:
- Settling all accounts and liquidating assets – The executor will be charged with liquidating or selling assets and settling the estate’s debts. If the estate has sufficient cash reserves to settle the debts, then assets may not need to be sold (depending on the specifics of the will).
- Filing any necessary tax returns – It is the job of the executor to file any necessary tax returns at the local, state, and federal levels.
- Making any financial distributions and closing the case – Once all affairs have been settled, the accounting has been approved by the Probate Court, and the distributions have been made, the case may be closed.
While the foregoing may sound like a set of straightforward steps, many problems can arise. There may be disputes as to whether or not assets should be included in the estate, there may be disputes regarding the validity of the will, and more. Proceeding through probate as an executor, without an attorney, can result in delays and may even result in personal liability for the executor.
Retain a Hartford probate lawyer if you have been named the executor of a will
People are often called upon to serve as the executor of a will with very little notice. The obligations which come with being an executor can quickly become overwhelming. Retaining an experienced attorney can help to streamline the process. Our Hartford probate lawyers assist with the handling of estates of all sizes. We are proud of the level of service which we offer and we look forward to speaking with you. Contact us today to schedule an initial consultation. 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.
