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CT · Probate Court

Connecticut

Small-estate-affidavit threshold and procedure under § Conn. Gen. Stat. § 45a-273.

Verified 2026-05-04
Personal property
$40,000
statutory cap
30-day wait

30-day wait is post-filing court hold (between affidavit-to-DRS and decree), NOT post-death.

01

Who is eligible to file

  • Surviving spouse or registered domestic partner
  • Adult children, equally if more than one
  • Parents of the decedent, if no spouse or descendants
  • The named executor under the will, if one exists
  • An heir at law under Connecticut's intestate-succession statute, in the absence of the above
02

What counts toward the threshold

The threshold counts only assets that pass through probate. The following do not count against the cap:

Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.

State note: 30-day wait is post-filing court hold (between affidavit-to-DRS and decree), NOT post-death.

Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.
Real property
Excluded — personal property only

Statute excludes solely-owned real estate. PC-212 may not be used if decedent owned solely-titled real property.

03

Where to file

File with the Probate Court in the county where the decedent resided at death.

We do not maintain a county-by-county directory. The Connecticut judicial system operates an authoritative court locator.

Open the official Connecticut court locator →
04

Form & statute

Form
Statute
§ Conn. Gen. Stat. § 45a-273
https://www.cga.ct.gov/current/pub/chap_802b.htm
affidavit in lieu of administration