The majority of people cringe at the mere thought of going through probate. When they think of probate, what often comes to mind is having to duke it out in court for their family member or loved one’s possessions. While this definitely occurs, it doesn’t always. Probate is designed to systematically transfer the estate of the deceased to their heirs as written in their will. Things can be tricky, if the will is contested. However, there are clear guidelines and timetables for all mandated probate process procedures. When there is no will, intestate laws will provide guidance for who will administer the estate and who the decedent’s assets and property go to.
In general, it is a good idea to hire an attorney if there is some indication that handling the estate will be difficult or contentious.
Connecticut Probate
In Connecticut, like in most states, it is not mandatory for an individual to have an attorney when going through the probate process. However, in Connecticut, the probate court is handled in such a way that is not incredibly difficult to handle a probate without an attorney. The judge and clerk will provide some assistants if needed. If the case is extremely complicated or large, then a Connecticut probate attorney will be necessary.
The court suggests that an attorney should be retained if the executor of the estate is having a hard time understanding the requirements and duties necessary for their role, if the decedent has unusual assets, if they will need to file federal estate taxes (these are for cases where the estate is pretty large), if the executor isn't sure how to proceed or if you will is contested. Attorneys are also required in matters involving mentally handicapped children or adults, removal of guardianship or if there is a move to terminate the parental rights of the surviving spouse.
In Connecticut, there is a probate court in most of the state’s towns and cities. Again, they attempt to make the process very user-friendly and easy for the average person to handle. Their attempt is to make sure that the probate process is concluded as fast as possible. Most matters which are contested will receive a hearing within a month. The process is very informal and most of it takes place in a conference room and not an actual court room.
Inheritance Advance
Inheritance advances are specifically for persons that are going through probate and do not want to wait until their inheritance is released by the executor of the will or the administrator. The probate process can take several months, in speedy cases and multiple years, in slow ones. Therefore, if beneficiaries are not in a position to wait or would simply not do so, they can take out an inheritance advance. These loans are backed by the incoming inheritance money and are collected once probate is completed. Inheritance advance loans generally take a week or less to apply for and then receive funds. This is obviously significantly faster then one would receive their money if their family member of loved ones’ case is stuck in probate.
Probate Resources- Connecticut
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