{"id":145,"date":"2017-01-26T14:10:31","date_gmt":"2017-01-26T14:10:31","guid":{"rendered":"https:\/\/www.deeds.com\/articles\/?p=145"},"modified":"2024-04-25T23:21:09","modified_gmt":"2024-04-26T03:21:09","slug":"a-connecticut-land-deed-and-the-probate-court-executors-and-administrators-deeds","status":"publish","type":"post","link":"https:\/\/www.deeds.com\/articles\/a-connecticut-land-deed-and-the-probate-court-executors-and-administrators-deeds\/","title":{"rendered":"A Connecticut Land Deed and the Probate Court: Executor\u2019s and Administrator\u2019s Deeds"},"content":{"rendered":"\n

The Connecticut Probate Court oversees\nthe transfer of a decedent\u2019s property to those entitled to it in a process\ncalled probate. All property the decedent owned at the time of death must go\nthrough probate, excluding survivorship assets, assets held with a beneficiary\ndesignation, and assets held in trust. Smaller estates may be eligible for an expedited\nprobate process. Probate proceedings take place in the probate district in\nwhich the decedent was domiciled at the time of death.<\/p>\n\n\n\n\n\n\n\n

The personal representative is the\nfiduciary appointed by the court to settle the affairs of the decedent\u2019s\nestate, including paying estate taxes, valid claims, and administrative\nexpenses, and making bequests on behalf of the estate. In Connecticut, the\npersonal representative is called either an executor or an administrator,\ndepending on the existence of a valid will.<\/p>\n\n\n\n

An executor is a person named in a will\nto settle the estate. When a decedent dies with a will (testate), the executor\nfollows the terms of the will after the will has been probated (the process of\nvalidating a will). The persons entitled to receive the decedent\u2019s assets, as\nestablished by the will, are called beneficiaries.<\/p>\n\n\n\n

An administrator is a person appointed\nby the court to settle the estate when there is no will. When the decedent dies\nwithout a will (intestate), the administrator follows Connecticut laws of\nintestacy, and the persons entitled to receive the decedent\u2019s assets are called\nheirs.<\/p>\n\n\n\n

Real property, except for parcels held\nin a survivorship tenancy or in a trust, is subject to probate. Connecticut\nrequires, within two months of appointment, that the fiduciary file a Notice for\nLand Records\/Appointment of Fiduciary with the town clerk in each locality\nwhere the decedent owned real property at the time of death.<\/p>\n\n\n\n

To convey a decedent\u2019s real property,\nthe personal representative uses either an executor\u2019s deed or an administrator\u2019s\ndeed, depending on the fiduciary\u2019s designation. In Connecticut, executor\u2019s\ndeeds and administrator\u2019s deeds are statutory forms (\u00a7\u00a7 47-36c) that convey the\nfee simple title that the decedent had at the time of death to the grantee (who\nis either a beneficiary, heir, or buyer). To sell real property, the personal\nrepresentative \u201cmust obtain permission from the Probate Court\u2026unless\nspecifically authorized to do so under the terms of the will\u201d [1]. <\/p>\n\n\n\n

Personal representative\u2019s deeds name the\npersonal representative as the duly qualified and authorized grantor, and\ninclude a reference to the decedent. Executor\u2019s deeds and administrator\u2019s deeds\ncontain the same covenants, namely: that the personal representative is\nqualified to act as such; that the personal representative is authorized to\nbargain and sell the property pursuant to the terms of the decedent\u2019s will or\nby order of the probate court; and that the personal representative will\nwarrant and defend the grantee\u2019s title against the claims of persons by, from,\nor under the personal representative (\u00a7 47-36q, 47-36r).<\/p>\n\n\n\n

Deeds require the signature of each\ngrantor and two witnesses in Connecticut. Record the deed in the office of the\ntown clerk in the locality where the property is situated. Contact a lawyer to\nensure that all necessary supporting documentation is submitted with the deed.<\/p>\n\n\n\n

As part of estate administration duties, Connecticut requires the personal representative to file a certificate of devise, descent, or distribution describing each devise or distribution of real property, to be recorded within a month, in the land records of each town where the property is situated (Conn. Gen. Stat. \u00a7 45a-450).<\/p>\n\n\n\n

Available Connecticut Probate Documents:<\/p>\n\n\n\n