Laws
- Days After Death – There is no requirement for the number of days that must have elapsed since the death before filing. However, state law requires that courts may not act on the affidavit until at least 30 days after receiving it.[1]
- Maximum Amount ($) – The total value of all personal property in the decedent’s estate may not exceed $40,000. The affidavit process is not available for estates that include real estate that was solely owned by the decedent.[2]
- Signing – Form PC-212 must be signed by the petitioner under penalty of false statement.
- Statutes – Chapter 802B, Part I (Settlement of Small Estates Without Probate of Will or Letters of Administration)
How to File (4 steps)
Step 1 – Inventory Assets
The person who will fill out Form PC 212 is known as the “affiant.” The affiant should first make sure that the decedent did not have any solely owned real property (land and fixtures); if the estate does include real property, it’s not eligible for the process. Then, make a list of the decedent’s personal property and add up the value to make sure it is less than $40,000.
Step 2 – Fill out Form PC-212
Form PC-212 is the affidavit itself. At the same time, fill out PC-212CI, which is a supplement to the affidavit used for confidential information about the decedent, in particular the decedent’s Social Security Number. Depending on the decedent’s situation, it may also be necessary to fill out Form PC-212A.
The decedent’s estate must first be used to settle any outstanding funeral expenses, medical bills, or costs associated with administering the estate. If these exceed whatever value was found in Step 1, then it is not necessary to fill out Form PC-212A. However, if the value of the estate is greater than the sum of these, meaning that there will be assets left over to distribute to heirs or successors, then it is necessary to fill out Form PC-212A.
Step 3 – File the Forms
Connecticut allows small estate affidavits to be filed electronically here. Alternatively, the forms may also be filed in person using this Court Locator. If Filing Form PC-212 in person, make sure to have two notarized copies to submit.
Step 4 – Await Distribution
Once at least 30 days have passed since the forms were submitted, the probate court will make a determination about the distribution of the decedent’s estate. If the decedent had a will, its instructions will determine distribution; if the decedent died intestate, the Connecticut intestacy rules will govern.