What Assets Have To Go Through Probate in Connecticut—and Which Ones Don’t?

When someone dies, their assets generally go through a process called probate. During these court proceedings, the property owned by the decedent’s estate is distributed to their heirs after any remaining debts are paid. That said, some assets don’t have to go through probate, which makes it crucial to understand the specifics during the estate planning process.

Determining which category an asset falls into should be one of the first steps after a loved one dies. While it’s important to determine whether they had a last will and testament, some assets may be handled outside the will or Probate Court. Our attorneys can answer your questions about how this works.

What Assets Generally Have To Go Through Probate in Connecticut?

Property typically requires probate if the deceased person owned it in their name alone and no legal mechanism automatically transfers ownership to someone else at the time of death. Probate provides the legal process for moving that property from the deceased owner’s name to the appropriate beneficiaries or heirs.

In general, probate court handles individually owned assets. That means if someone else jointly owned the property at the time of death, it will typically transfer to the remaining owner instead of entering the probate estate. Like with anything, there are exceptions to this rule as well.

Does Real Estate Have To Go Through Probate?

Real estate may have to go through probate if the deceased person owned it alone or held an interest that doesn’t automatically pass to another owner at death. That means you’ll need the deed and form of ownership to know whether the home will go through probate.

For example, someone who owns a home only in their name can expect the property to go into their probate estate upon death. However, if they are married and own the home jointly with their spouse, it will transfer full ownership to the spouse immediately. The residence will also likely stay out of Probate Court if the married couple lived in the home and it was formally owned by a trust that the two set up.

Do Jointly Owned Assets Have To Go Through Probate?

Assets held with valid survivorship rights generally pass to the surviving owner without becoming part of the probate estate. Joint ownership without survivorship rights, however, may still require probate.

Joint bank accounts are a common example that helps explain this concept. Under the law, joint deposit accounts can pass to the surviving owner after the other owner dies.

However, it’s never a good idea to assume every account with two names works the same way. The account agreement, ownership arrangement, and circumstances surrounding the account can matter. In some scenarios, the asset may still end up in probate. Our attorneys can answer your questions about when probate is necessary.

Do Assets in a Trust Have To Go Through Probate?

Assets in a living trust usually don’t need to go through probate to transfer according to the trust’s instructions. The trustee’s job is to make sure that transaction happens appropriately, and it occurs outside of Probate Court.

Of course, creating a trust document doesn’t automatically put everything a person owns into it. First, the trust must be funded, which means formally transferring ownership of these assets from the creator to the trust.

A family dealing with a trust after death should therefore determine what the trust actually owns rather than assuming every asset listed informally in estate-planning records belongs to it.

Does Property Outside Probate Still Need To Be Reported?

Yes, some property that doesn’t become part of the probate estate may still need to be reported for Connecticut estate tax purposes. “Avoiding probate” describes transferring ownership outside the probate process, but it doesn’t exempt heirs from potentially paying taxes after the transfer.

That means you should distinguish between whether an asset has to pass through probate administration and whether it must be disclosed for tax or other estate purposes.

Frequently Asked Questions

Does a will keep assets out of probate?

A will generally provides instructions for distributing probate property rather than avoiding probate, although it can channel assets into a trust upon your death.

Does a joint bank account go through probate?

A joint account with valid survivorship rights typically passes to the surviving owner instead of through the probate estate.

Does a house always have to go through probate?

This answer depends on how the house is owned and whether another valid method transfers the deceased person’s interest.

Our Firm Can Help Determine Which Assets Require Probate

Determining what belongs in a probate estate involves more than just tallying everything you own. There are some assets, like life insurance policies or accounts with payable-on-death designations, that are automatically transferred without the need for probate court. Our attorneys can help you review your assets and determine when probate may be necessary.

Our attorneys can also determine whether the estate qualifies for Connecticut’s simplified small-estate procedure and answer questions about how the estate should ultimately be divided.

If you’re ready to plan for the future, or need help navigating the probate process, our firm is here to help. Contact Disability Planning Partners as soon as possible to discuss your situation with our dedicated attorneys.