Probate Laws in CT
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Connecticut probate court laws protect the interests of Connect residents involved in probate court matters. These matters can include the administration of an estate after someone dies and the protection of the rights of minors or mentally incapacitated individuals - There is a probate court located in each district or county of Connecticut. The state of Connecticut did not adopt the uniform probate code, which is a uniform set of laws adopted by 18 of the 50 states. The probate laws of Connecticut regulate how a deceased person's estate is administered, how a will is to be signed and the process for managing the property of a mentally incapacitated person or minor.
- If a valid will exists at the time of the individual's death, then the property is distributed according to the directions contained in the will. A will is valid if it is written and signed in the presence of two witnesses. The person signing the will must be an adult (18 years old) and mentally competent. A will is the deceased person's (known as the decedent) last word in explaining how he/she wanted their property to be distributed
- In Connecticut when a person dies without leaving a will, it is known as intestate succession. The Connecticut probate law determines who receives what percentage of the property of the deceased. The amount received from the estate depends on the relationship and if the deceased person had any children or surviving parents. For example, Jane and John are married and have two children together. If Jane dies intestate, John will receive $100,000.00 and one-half of the estate with the children receiving the other one-half.
- If Connecticut deems a person mentally incompetent, the probate process can be a part of their life forever. Once a conservator and guardian are appointed for an incompetent person, the probate process consists of an annual accounting that shows whether the person's funds have been properly managed. The conservator or trustee is the manager of the finances and a guardian is the person who cares for the incompetent person.
- In Connecticut minors may be a part of the probate court process, but that involvement stops when they reach legal age. Legal age in the state of Connecticut is 18. A minor is a part of the Connecticut probate process usually because he/she has inherited property or money. A trustee will manage that money and an accounting form would be completed every year to insure the funds or property is managed properly.