You have been trusted with the responsibility of serving as the executor or administrator of your loved one's estate.  You may find yourself wondering what this designation means and what you are supposed to do next.  Our attorneys can help guide you through the process from start to finish. 

Are you located out of state and in need of local counsel? 

Our lawyers can help.

Serving the Connecticut shoreline from New London to New Haven 

(860) 227-9157

• What is probate?  Probate is the court process of proving the validity of a document offered for official recognition and registration as the last will and testament of a deceased person.
• What is a testator?  A testator is a person who dies leaving a Will in force.
• What is an Executor?  An executor is the person appointed in a Will to be responsible for carrying out the terms of the Will.
• What happens when a person dies without a Will?  When a person dies without a valid Will, his or her property will be distributed according to the state laws of intestacy.  This process is known as intestate succession.  If a person dies with a Will that does not dispose of all assets, then a partial intestacy may occur for those overlooked assets. 

Who receives the decedent's property depends upon the surviving family members.  In Connecticut, if a married person dies with children, then the surviving spouse receives the first $100,000, plus half of the remainder of the estate, and the children (or their representatives) receive the other half of the estate. 

However, if any of the children are not the surviving spouse's children, then the surviving spouse gets half of the estate and the children (or their representatives) receive the other half of the estate (note - under these circumstances the surviving spouse will not receive the first $100,000, prior to dividing the property with the children).

The surviving spouse will get the entire estate if the decedent has no children or grandchildren, and no living parents. 

If the decedent has no children or grandchildren, but living parents, then the surviving spouse receives the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate, and the surviving parent(s) get the remainder of the estate.

When a decedent has no children or grandchildren, and no spouse, then the estate is divided equally among the decedent's living parents, or if no living parents then equally among the decedent's siblings or their representatives, or if no siblings or their representatives, then equally among the next of kin.  If the decedent has none of the above, then the estate escheats to the state.

• What is an Administrator?  An administrator is the person authorized by the court to administer a decedent's estate when a person dies without a Will or fails to name a successor executor in a Will when the named executors are unable to serve.