An executor in Connecticut is a person named in a will to settle an estate. The executor is chosen by the individual making the will. If there is no will, the Probate Court will appoint an administrator to handle the estate.
Within thirty (30) days of the decedent’s death, a Petition/Administration or Probate of Will must be filed in the Probate Court along with the original will and the death certificate. The Court will then schedule a date for interested parties to be heard on the admission of the will and on the appointment of the executor.
Duties of an Executor in Connecticut
1. Gather all the decedent’s assets. Once the executor takes possession of the assets a separate estate account should be open. Do not commingle estate assets. Ever.
2. Record the Certificate of Land Records of the decedent owned real estate. The Probate Court will provide the certificate.
3. File an Inventory of estate assets. This must be done within two months of being appointed.
4. Deal with creditors. Within 14 of the executor’s appointment, the Probate Court will publish a notice in the local newspaper notifying any creditors to present their claims within five months. The executor must ultimately determine the legitimacy of these claims. A List of Claims must be filed with the Court.
5. File tax returns. Connecticut estate tax returns must be filed and potentially federal returns depending on the size of the estate.
6. Finalize the estate. File a Financial Report or Accounting and distribute the remaining assets to heirs.
A few notes. An executor will usually be required to post a probate bond to make sure that creditors and beneficiaries are protected. However, bond can be waived in some cases. It usually takes about a year to administer an estate. Finally, while it is not required, an executor may want to retain an attorney. This is especially true if the estate has significant assets, there is a dispute among the parties or is otherwise complicated.
I represent clients in probate matters throughout Easton, Fairfield, Monroe, Trumbull, Stratford, Shelton, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Contact my office online or by calling me in my Fairfield office at (203) 259-5251 or in my Stamford office at (203) 356-1475 to schedule a consultation concerning an appointment as an executor in Connecticut.