Connecticut probate has two features that surprise a lot of families: it runs through a separate, dedicated Probate Court system rather than the regular trial courts, and it requires an estate tax return to be filed for every estate — even ones that owe nothing. This guide walks through both, along with the rest of the Connecticut probate process.
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Does Connecticut Always Require Probate?
No. Assets held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, property held in joint tenancy with right of survivorship, and (for married couples) property held as tenants by the entirety all pass outside of probate. Connecticut also authorized transfer-on-death deeds for real estate effective 2025, giving homeowners another way to avoid probate for real property.
The Connecticut Probate Court System
Connecticut is one of only a handful of states with a separate, dedicated Probate Court system rather than folding probate into the general trial courts. Following a 2011 consolidation, the state has 54 regional Probate Court districts, each with an elected probate judge who handles probate, conservatorship, and guardianship matters for the towns in that district.
Small Estate Affidavit ($40,000)
If the decedent owned no Connecticut real estate solely in their own name and the total value of their solely owned personal property does not exceed $40,000, an heir or beneficiary can use the Affidavit in Lieu of Probate (Form PC-212) instead of full administration. Assets that would pass outside probate anyway (beneficiary-designated accounts, life insurance) don't count toward the $40,000 cap. The affidavit is filed with the regional Probate Court; court approval is still required, but the process is far faster than full administration.
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See the full checklist →How to Open Probate in Connecticut
- File an Application for Probate of Will and/or Appointment of Fiduciary in the regional Probate Court for the district where the deceased was domiciled.
- Submit the original will (if one exists), a certified death certificate, and a list of heirs.
- Attend the hearing, typically scheduled 2–4 weeks after filing.
- Receive the Fiduciary's Probate Certificate — Connecticut's equivalent of Letters Testamentary — once appointed.
Connecticut Probate Court Fees
Connecticut Probate Courts charge fees under Conn. Gen. Stat. § 45a-107, on a graduated scale tied to the estate's value: estates of $10,000 or less pay no fee at all, and the fee is capped at $40,000 regardless of how large the estate is. If the surviving spouse is the sole beneficiary, the fee is cut by 50%. The Connecticut Probate Courts fee calculator can estimate the exact amount for a given estate value. The fee is due when the estate tax return is filed with the court, and unpaid fees accrue interest at 0.5% per month starting 30 days after the invoice date.
The Connecticut Estate Tax — A Filing Required for Every Estate
Connecticut has its own state estate tax, but as of 2026 the exemption matches the federal exemption at $15 million — up from $13.99 million in 2025, after the federal exemption was permanently raised to $15 million effective January 1, 2026. The large majority of Connecticut estates owe no Connecticut estate tax at all.
However — and this is the detail that trips people up — Connecticut requires an estate tax return for every probate estate, even non-taxable ones:
| Form | When It's Required | Filed With |
|---|---|---|
| CT-706 NT | Non-taxable estates (the vast majority) | The regional Probate Court |
| CT-706/709 | Taxable estates (over $15 million) | CT Department of Revenue Services |
Both are due 9 months after the date of death. The Probate Court will not close the estate — and won't approve the Final Account — until the correct return has been filed and the fee paid.
Pro tip
Even if the estate clearly owes no Connecticut tax, you still have to file Form CT-706 NT with the Probate Court. Missing the 9-month deadline is one of the most common reasons Connecticut estates stall.
Creditor Claims in Connecticut
The fiduciary must publish a Notice to Creditors and send direct notice to known creditors. Creditors then have 150 days from the date the fiduciary is appointed to present claims (Conn. Gen. Stat. § 45a-356) — this was reduced from a previous 210-day period. A creditor who misses the window through no fault of their own can ask the Probate Court for a limited extension within 60 days of the deadline. Claims filed after the window (and any extension) are generally barred.
Intestacy in Connecticut
If there is no will, Conn. Gen. Stat. § 45a-437 controls distribution:
- No surviving descendants or parents: Spouse takes the entire estate.
- No descendants, but surviving parents: Spouse takes the first $100,000 plus 3/4 of the balance; parents take the rest.
- All descendants are also the spouse's descendants: Spouse takes the first $100,000 plus 1/2 of the balance; descendants share the rest.
- One or more descendants are not the spouse's: Spouse takes 1/2 of the estate; descendants share the other half.
You're reading about probate in Connecticut. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Connecticut may change. Consult a licensed Connecticut attorney for guidance specific to your situation.