Probate is a word that comes up often in estate planning conversations, and it can sound more intimidating than it needs to be. Here's a plain-language look at what probate actually is, and some of the ways a thoughtful estate plan can make the process easier on your loved ones.

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What Is Probate?

Probate is the formal legal process used by Connecticut's Probate Courts to protect the rights of someone who has passed away and to carry out their wishes. If the person left a Will, the Probate Court ensures assets are distributed according to that Will. If there was no Will, the court follows Connecticut's intestacy laws instead. Along the way, probate also ensures that outstanding bills, debts, and court fees are properly paid before assets are distributed.

Do You Need an Attorney for Probate?

Handling probate on your own is possible, but it isn't always simple. The forms and procedures can be complex, particularly for someone going through the process for the first time while also grieving a loss. Having an experienced attorney guide you through each step can make an already difficult time considerably less stressful.

Every Connecticut Estate Goes Through Probate — But It Can Be Simplified

It's worth noting that all Connecticut estates pass through the probate process in some form. That said, thoughtful planning can often reduce how much of an estate has to pass through it.

For example, assets that allow for a designated beneficiary, such as life insurance policies, brokerage accounts, IRAs, and other retirement accounts, generally pass directly to the named beneficiary outside of probate when a beneficiary designation is on file. How property is titled can matter as well; assets owned jointly, or with rights of survivorship, may pass directly to the surviving co-owner without going through the Will. Each of these approaches comes with its own trade-offs depending on a person's family situation and goals, so they are worth discussing with an attorney rather than adopting as a one-size-fits-all solution.

‍The Takeaway

Probate exists to protect both the decedent's wishes and their beneficiaries, and with proactive planning, families can often make the process more efficient. Beneficiary designations and how assets (including brokerage accounts or bank accounts ) are titled are two areas worth reviewing periodically, ideally with guidance from an attorney who can weigh them against your specific circumstances.

If you have questions about how probate works in Connecticut, or want to explore ways to simplify the process for your family, we're here to help.

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The information on this page is provided for general educational purposes only and does not constitute legal advice. Every situation is different, and reading this content does not create an attorney-client relationship. Please contact our office to discuss your specific circumstances.