Probate Lawyers in Windsor CT
Weatherby Associates is here to serve when you need Probate Lawyers in Windsor CT. If you are questioning the process of Probate, or need guidance, then call us today. In the following paragraphs we describe our services, then discuss what needs to be done when handling an estate in Windsor CT.
Handling an Estate in Windsor CT
To begin, a Will has to be filed with the probate court within 30 days of death on form PC-200 or PC-212, along with a copy of the Will and a Death certificate. Believe it or not, if you fail to file the Will, there is the possibility of a criminal violation. Our Probate Lawyers will ensure this step is never missed, so you don't have to worry.
Location of the Court
The correct probate court and filing place depends upon where the decedent resided. Connecticut has 54 probate courts and 7 regions. Here is a great site to use in order to locate the appropriate location for you.
Probate Fees
There is a probate fee of $150 plus .0035 of everything in excess of $10K up to 500K then it drops to .0025. These fees are imposed on all property, including joint and beneficiary property, not just the probate assets. These are computed off the CT Estate Tax Return.
Small Estate Procedure
If you can get under the $40K cap, there is a small estate procedure. This is just a probate property that doesn’t include survivorship assets or beneficiaries.
Open a Bank Account
The Estate will likely open up a bank account to get Federal Tax ID # in order to take in money and pay bills.
Estate Tax Return within 6 months
CT requires a CT 706, estate tax return be filed, even if a federal one isn't required and if there is no probate. The federal taxable level is around $5M and the CT level is $2M. The return is due 6 months after the date of death.
Probate Petition
To continue, if you need to probate the Will, you'll need to file the Probate Petition which is the PC-200 above. Copies will also need to be sent of the petition and Will to all heirs listed on the petition and certify that the copies were provided.
Appointment as Executor
Next, you would be appointed Executor (no bond if excused in Will). If you take a fee, it would be taxable income to you. You're not required to have any power over the estate, so you can’t control any assets until you are appointed.
Inventory in 2 months
Next, inventory of the estate assets needs to be filed on PC-440 within 2 months of appointment.
Creditor Claims 150 days to present
Creditors have 150 days to present their claims to the Executor. If the Executor follows the procedures, then he is not liable after that. However, they can still pursue a claim from the property distributed to the beneficiaries.
Statute of Limitations on Claims
Generally, Statute of Limitations on Claimed last 2 years after the Date of Death.
Financial Report
It's important to note, that within 12 months of the decedent’s death, you need to file a financial report and complete the estate; PC- 246. You must provide copies of the financial report to each interested party and attorney. The estate should be closed with no hearing based on a waiver of the hearing and agreement of all parties; PC-245. If you can’t get agreement there may be a hearing.
Status Update After One Year
In the case an estate remains open for longer than one year, the Executor must file a status update with the court; PC-286. To continue, it must be filed within three months following the first anniversary of appointment and annually thereafter.
Final Financial Report and Hearing
Finally, a final financial report or account must report all distributions made to heirs or beneficiaries. Also, distributions that are proposed to be made will also need to report a final financial report. When the court approves the final financial report or account, it will order the fiduciary to distribute the remaining assets of the estate according to the approved distribution.
Affidavit to Close Estate
In some instances, you'll need to file an affidavit of Closing of Estate, indeed. PC-213. The affidavit of closing is used to report receipts and disbursements that occur after the filing of the final financial report or disposition of the reserves.
Close it in One Year
Bottom line, the Executor should be efficient and save money. This is done best by getting the estate completed in 1 year, if possible.
If you need Probate Lawyers in Windsor CT, call Weatherby Associates today and we'll be happy to assist you. 860-769-6938
Probate Lawyers in Windsor CT
