PA 07-32—SB 1454

Judiciary Committee

AN ACT CONCERNING THE REQUIREMENTS FOR FILING AN AFFIDAVIT IN LIEU OF ADMINISTRATION IN THE PROBATE OF A SMALL ESTATE

SUMMARY: This act raises from $20,000 to $40,000 the threshold of the value of decedent's estates that are eligible for expedited probate proceedings.

EFFECTIVE DATE: October 1, 2007

ESTATES THAT CAN USE AN AFFIDAVIT IN LIEU OF ADMINISTRATION

Instead of filing an application for admission of a will to probate or letters of administration, the law allows certain people to file an affidavit with probate court. The affidavit must state that all the decedent's debts have been paid as prescribed by law, at least to the extent of the fair value of the decedent's assets. Prior law allowed this affidavit when (1) the decedent left certain types of property and (2) the property's aggregate value did not exceed $20,000. The act increases the aggregate value to $40,000.

BACKGROUND

Affidavits in Lieu of Administration

By law, an affidavit must also state that a decedent either did, or did not, receive aid or care from the state, including aid or care from the Department of Veterans' Affairs.

The types of property covered by this law include:

1. bank deposits;

2. equity in shares in any savings and loan association or federal savings and loan association or credit union doing business in Connecticut;

3. corporate stock or bonds;

4. any unpaid wages due from any corporation, firm, individual, association, or partnership located in Connecticut;

5. any death benefit payable from any fraternal order or shop society or under any insurance policy for which the decedent failed to name a beneficiary;

6. other personal property, tangible or intangible, including any motor vehicle or motor boat registered in the decedent's name; or

7. an unreleased interest in a mortgage.

OLR Tracking: GC: VR: JL: TS