Experienced New Britain Probate Attorneys Focused On Your Estate’s Future

Probate is the legal process of moving assets from an estate to a person’s heirs. That’s a simple definition for one of the most fraught, complex and aggravating processes in the law. If you have a probate problem for any reason, going through it alone is a massively difficult proposition and leaves you at a significant disadvantage.

At The Law Offices of Januszewski McQuillan and DeNigris, LLP, we opened our doors in 1952. Since that time, we’ve been the firm that New Britain looks to for estate administration issues. We understand Connecticut probate law and have helped people across the state make smart choices and pursue what they deserve in their cases.

What Are The Duties Of An Executor In The Probate Process?

The estate executor is the person who is named in a will to manage a deceased individual’s estate and guide it through the Connecticut probate process. The named executor has a duty to protect estate assets, follow state requirements and act in the best interests of beneficiaries. 

This role carries legal authority as well as significant responsibility. A clear understanding of executor duties helps families anticipate what the process involves and where challenges may arise. Here is a general overview of critical executor responsibilities.

• Locate and safeguard assets
• Identify and notify heirs and beneficiaries
• File the will with the appropriate Probate Court
• Prepare an inventory of all probate assets
• Manage ongoing financial obligations
• Communicate with creditors and address valid claims
• Maintain accurate records of all transactions
• Keep heirs and beneficiaries informed and updated
• Distribute assets according to the will and court orders
• Close the estate once all requirements are met

These responsibilities must be completed with care. Errors or delays can create disputes, increase costs or extend the timeline for final distribution.

How Does The Connecticut Probate Process Work?

The Connecticut probate process is designed to help ensure a deceased person’s assets are identified, valued and transferred according to the will or state law. While many estates move through the process without conflict, disagreements over asset values, creditor claims or the meaning of certain will provisions can change the timeline and increase court involvement.

The ordinary process generally includes several key steps that help the court oversee the estate and protect the rights of all interested parties.

• Filing the will and petition for probate
• Official appointment of the executor or administrator
• Notice to heirs, beneficiaries and creditors
• Collection and valuation of probate assets
• Review and payment of debts and taxes
• Resolution of disputes or contested issues
• Preparation of a final accounting for court approval
• Distribution of remaining assets to beneficiaries
• Formal closing of the estate

Certain steps are more likely to generate conflict. These include asset valuation, creditor claim disputes and beneficiary disagreements about the interpretation of the will. When issues arise, the court may require hearings, additional documentation or mediation before the estate can move forward. 

Our probate lawyers can keep things on track and help address disputes or delays.

Answering Your Questions About Connecticut Probate Law

Our first duty as your probate attorneys is to get answers to your questions. Because probate is so complex and because your issues are so unique, a lot of your questions won’t have concrete answers until we can closely review the facts. However, a lot of our clients’ first questions aren’t those hyper-specific, case-dependent questions. They are often more general, like those below.

What does probate entail in Connecticut?

Probate entails, very briefly, the entire end-to-end process of consolidating a deceased person’s debts and assets, and resolving them. But what does “resolve” mean in this context? It means paying off the debts from the assets, and then assigning the assets to the heirs of the estate.

The process begins with a general filing of probate, which usually happens relatively soon after a person passes, as Connecticut law requires it begin within 30 days. After the initial petition, an executor is named, either by the deceased’s will or by the court if there is no will. The executor must then submit detailed records to the court for every phase and follow the law closely so that all of their duties are complete.

In even the most straightforward of probate filings, the entire timeline can be months long. If there are any disputes along the way, the process can stretch on for potentially years.

What issues often arise during estate administration?

The most common issues that arise during estate administration and probate are in-family fights around how the assets are distributed. You may see such claims as:

• Undue influence
• Fraudulent wills
• Unclear will stipulations
• Lack of capacity

These are issues targeting the wording of the will, and they can and will come up frequently, especially if there is any confusion in the documents themselves. Even claims of what a person said in life can be the basis for a will contest. How far that may go will ultimately depend on how well the claims can be argued and supported with evidence.

How can an experienced attorney help with estate issues?

An experienced Connecticut estate and probate attorney can take on every single challenge facing their clients from the beginning to the end of probate. For clients contesting a will, we can build the case and go to court. For executors, we can advise on individual actions and choices to stay compliant. Whatever you need, we can provide you with the legal information and advocacy to succeed.

Talk To Us About Your Case

Probate law is not simple, fast or easy. If you have an issue that requires entering into a Connecticut probate court, we’ll enter the court with you. Call us today at 860-505-4415 or send an email using this form to get started with us.