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An affidavit of heir is a written statement that allows an estate to move forward with an uncontested probate. The person who signs the affidavit is agreeing that they are the rightful owner of the assets and that they will transfer them to the appropriate parties as soon as the probate process is complete.
Full "probate" is ONLY required by law if the person who dies, with or without a will, (1) owned real estate (not just a life use) that does not pass by the deed to the "surviving" joint owner, OR (2) owned $40,000 or more of other assets that also don't pass by beneficiary or joint ownership to another person.
In Connecticut, if a decedent had no solely owned real estate and the total value of all of the decedent's personal property does not exceed $40,000, the small estates procedure may be used. The small estates procedure is a simplified method of settling an estate that avoids formal probate proceedings.
The Estate Settlement Timeline: Although Connecticut law does not specify a particular deadline for this, it is generally advisable to do so within a month to avoid unnecessary delays in the probate process.
If the decedent's solely-owned assets include no real property and are valued at less than $40,000 ? which meets Connecticut's ?small estates limit? ? then the assets and property of the estate can be settled without full probate, under a much shorter and easier process.
If the executor fails to provide beneficiaries with an accounting, they have a right to petition the court to try to compel the executor to provide one.
1) A petitioner filing a PC-212, Affidavit in Lieu of Probate of Will/Administration, may use this form to request an order of distribution if (a) assets exceed expenses and claims or (b) a person who paid expenses or claims waives reimbursement for payment of the expense or claim.