In many states the law provides an informal means or process for administering small estates, as defined by the state’s statutes.
For example, in some states an estate under a certain value may be distributed using an affidavit known as a small estate affidavit that is signed by the persons to whom the estate’s assets are to be distributed and two disinterested witnesses.
And other states have a simplified small estate process under which the successor to an interest in real property may petition the court to transfer the real property and recognize the transfer of personal property.
Laws vary from state to state and a state’s informal process for administering a small estate is usually located in the state’s statutes—often in the estates code or probate code.
In Connecticut, the law provides a simplified process for administering small estates that meet certain criteria. Specifically, Connecticut General Statutes Section 45a-273 outlines the use of a small estate affidavit for estates that do not exceed a total value of $40,000. This affidavit allows for the distribution of the decedent's assets without formal probate proceedings. The person entitled to the decedent's property may present the affidavit to the party holding the assets (such as a bank), along with a death certificate, to obtain the property. Additionally, Connecticut law under Section 45a-275 provides a procedure for the summary administration of estates under certain conditions, which can be faster and less complex than regular probate. This process is available if the decedent's estate, after payment of funeral and administration expenses, does not exceed the amount of the allowance for support of the surviving spouse or family, or if the sole beneficiary or heir is the surviving spouse. It's important to consult with an attorney to understand the specific requirements and to ensure that the small estate process is appropriate for a given situation.