How Probate Works (and How to Avoid It): What Every Connecticut Family Should Know.

Most people don’t think about probate—until they’re suddenly in it.

Probate is the legal process that takes place after someone passes away. The court oversees the distribution of assets, pays off debts, and ensures everything follows the law. It sounds orderly enough in theory, but in practice, probate can be slow, expensive, and emotionally draining for families.

In Connecticut, the probate process can take anywhere from six months to over a year, depending on the size and complexity of the estate. During that time, assets may be frozen, legal fees accumulate, and family tensions often rise.

Here’s what typically happens in probate:

1. The will is submitted to the Probate Court.

2. The executor (or administrator if there’s no will) is appointed.

3. The court inventories assets and debts.

4. Creditors are paid.

5. Remaining assets are distributed to heirs.

Sounds simple—but it rarely is. If there’s no will, or if assets are titled improperly, the court decides who gets what based on state law. That can mean unintended results and lost control over your legacy.

How to Avoid Probate (or Simplify It):

1. Create a Revocable Living Trust
   Assets held in a trust avoid probate entirely. This keeps things private and allows for faster, smoother transitions.

2. Add Beneficiaries to Accounts
   Retirement accounts, life insurance, and even some bank or investment accounts can bypass probate if they list beneficiaries or TOD (transfer on death) designations.

3. Own Property Jointly
   Joint ownership with rights of survivorship allows property to pass directly to the surviving owner—no court involved.

4. Keep Everything Updated
   Even the best plan can fail if it’s outdated. Regularly review your documents, beneficiaries, and asset titling.

Probate isn’t always avoidable—but with good planning, it can be minimized, simplified, and far less stressful.

The bottom line: You can either let the state decide what happens to your estate, or you can decide now.

If you haven’t reviewed your estate structure recently, now’s the time. A few small changes can save your family months of delay and thousands in legal costs later.