Connecticut Heirship or Descent Affidavit Questionnaire

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State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
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Instant download

Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

Spouse and children -- spouse takes 1/2 the estate. If the children are also the spouse's, the spouse also takes $100,000. If they are not, spouse only takes 1/2. Whatever remains is divided equally among the children in the same generation.

Heirs and beneficiaries have the option of waiving a hearing on certain matters. For estates with an aggregate value of $40,000.00 or less, Connecticut has an abbreviated form of probate estate administration that requires the filing of only an affidavit in lieu of administration.

Under Connecticut statute, where as estate is valued at no more than $40,000, an interested party may forgo the opening of a regular estate and instead file an affidavit of small estate with the court of probate.

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.

How much does an estate have to be worth to go to probate in Connecticut? In the state of Connecticut, the minimum value of the deceased's assets is $40,000.

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.

If you die intestate in Connecticut, what your spouse inherits depends on whether or not you have living parents or descendants. If you don't, your spouse inherits everything. If you have living parents, and a surviving spouse, your spouse will inherit the first $100,000 of intestate property.

In Connecticut, the following assets are subject to probate: Solely-owned property: Any asset that was solely owned by the deceased person with no designated beneficiary is subject to probate. This could include bank accounts, cars, houses, personal belongings, and business interests.

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Connecticut Heirship or Descent Affidavit Questionnaire