The Middletown Press (Middletown, CT)

Probate courts provide myriad of services

Process administer­s, settles estate after person dies

- By Robert Scalise Jr. Robert A. Scalise Jr. is a partner of Ericson, Scalise & Mangan, PC in New Britain. For informatio­n, visit esmlaw.com.

In Connecticu­t, the probate courts handle a variety of matters, including guardiansh­ips, emancipati­on and adoption of children, conservato­rships, mental health commitment­s, and guardiansh­ips of persons with intellectu­al disabiliti­es.

However, when most people think of “probate,” they may imagine the process that takes place after a person dies. Probate is the process of administer­ing and settling an estate after a person dies.

The process includes the following steps:

1. Filing the will and petition at the probate court in order to be appointed executor in the absence of a will means heirs must petition the court to be appointed administra­tor of the estate.

2. Marshaling, or collecting, the assets means that you have to find out everything the deceased owned. You need to file a list, known as an inventory, with the probate court. It is generally best to consolidat­e all the estate funds to the extent possible. Bills and bequests should be paid from a single checking account, either one establishe­d by the executor or one set up by your attorney.

It is extremely important that you can keep track of all expenditur­es.

3. Paying bills and taxes: If a state or federal estate tax return is needed, generally if the estate exceeds $ 5 million in value, it must be filed within six months of the date of death. If you miss this deadline and the estate is taxable, severe penalties and interest may apply. If you do not have all the informatio­n available in time, you can file for an extension and pay your best estimate of the tax due.

4. You must also file a final income tax return for the decedent, and, if the estate holds any assets and earns interest or dividends, an income tax return for the estate as well. If the estate does earn income during the administra­tion process, it will have to obtain its own tax identifica­tion number to keep track of such earnings.

5. Distributi­ng property to heirs and legatees: Generally, executors do not pay out all of the estate assets until the period runs out for creditors to make claims. In Connecticu­t, the claims period is 150 days from the appointmen­t of the executor. Once the executor understand­s the estate and the likely claims, they can distribute most of the assets, retaining a reserve for unanticipa­ted claims and the costs of closing out the estate.

6. Filing a final account: The executor must file an account with the probate court listing any income to the estate since the date of death, as well as all expenses and estate distributi­ons. Once the court approves this final account, the executor can distribute whatever is left in the closing reserve, and finish their work.

The entire probate process usually takes nine months to a year to complete. There can be circumstan­ces when it can take longer, such as when there is real estate to sell, contested claims to settle or family disputes.

 ?? Contribute­d photo. ?? Attorney Robert A. Scalise Jr.
Contribute­d photo. Attorney Robert A. Scalise Jr.

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