If you’re settling a loved one’s estate, one of your first questions is likely: How long is this going to take? In Connecticut, the answer depends on the type of estate, how the assets are held, and how quickly filings and tax clearances are completed.
The Connecticut Probate Court generally classifies estates into three categories:
- Affidavit in Lieu of Administration (commonly known as a Small Estate)
- Tax Purposes Only (TPO) Estate
- Full Estate (Testate or Intestate)
Here’s what distinguishes each and how long the process may take.
Connecticut’s Estate Tax Filing Requirement
Regardless of the estate type, Connecticut requires a Connecticut Estate Tax Return (Form CT-706/709) to be filed within six months of the decedent’s death—even if no tax is due. As of 2024, the exemption amount matches the federal threshold of $13.61 million, but it will decrease to approximately $7 million in 2026.
For non-taxable estates, the return is filed with the Probate Court. For taxable estates, it’s filed with the Connecticut Department of Revenue Services (DRS) and may also require a federal Form 706.
If the decedent owned real estate in Connecticut, two lien releases must be recorded on the land records before any sale:
- A certificate releasing probate fees (from the Probate Court)
- A certificate releasing state estate tax (from the DRS)
- Affidavit in Lieu of Administration (Small Estate)
This process is available when the decedent owned less than $40,000 in solely owned personal property and no interest in real estate.
The process is streamlined: an affidavit is submitted to the Probate Court listing assets, debts, and funeral expenses. If funds remain after debts are paid, the Court issues a decree authorizing the distribution of assets to beneficiaries or heirs. These estates typically settle quickly—often within a few months.
- Tax Purposes Only (TPO) Estate
TPO estates involve no probate assets—everything passes by beneficiary designation, joint ownership, or through a trust. A will, if it exists, is filed for informational purposes only.
The only requirement is filing the Connecticut estate tax return and paying any applicable fees. Once clearance is granted, the estate can be closed. These estates generally take the least amount of time to administer.
- Full Estate (With or Without a Will)
A full estate is required when the decedent owned:
- Real property in Connecticut at death, or
- More than $40,000 in solely owned personal property, or
- Had payable accounts or policies without a named beneficiary
The process starts when a fiduciary is appointed (executor or administrator), typically within 30 days of death. Once appointed:
- A 150-day claims period begins for creditors to submit claims
- Afterward, the fiduciary has 60 days to respond to claims and submit a financial report
- The Probate Court must then approve a final accounting and issue a decree of distribution
- Once assets are distributed and debts are paid, an Affidavit of Closing is filed
Full estates typically take nine months to over a year, depending on complexity, disputes, and court schedules.
What About Trusts?
If the decedent had a funded trust, that trust will be administered outside of probate. However, Connecticut trustees must still comply with the Connecticut Uniform Trust Code, provide proper accountings, and follow legal formalities. Real estate held in trust may still require tax clearance and lien release filings.
The Bottom Line
Even with a straightforward estate, Connecticut probate takes time—and every case is different. Delays can arise from incomplete filings, disputed claims, or slow tax clearance. Having experienced counsel can reduce the burden and help keep things moving.
At the Law Offices of Charles L. Kurmay, we help fiduciaries and families across Connecticut navigate the probate process with clarity and confidence.
📞 Call us today at (203) 380-1743 or contact us online to schedule a consultation.
