Settling an estate: advice needed!

Consolation
Thu, 20 Jan 2011 20:30:48 +0000

I took care of getting my father’s estate through probate this summer for my mother. In CT, if the assets owned in the deceased spouse’s name alone is below a certain figure, one can skip the full probate procedure. No executor is appointed, and the probate judge reviews the documentation and simply conveys the assets to the heir. The fact that my mother was the sole heir may also have helped qualify us for the simplified procedure, I don’t recall.

Paying a lawyer $200/hr or more would have been a complete waste of money. Yes, there was paperwork, and one had to be systematic and meticulous, but it really was straightforward. I got statements from all of the banks and brokerages, filed the life insurance claim, had property valued, filled out the state estate tax form, and so forth. Although one of the banks was notably obtuse about the CT process, refusing to give us a date of death valuation because there was no executor, the probate court accepted the last bank statement instead. I would not rush to hire a lawyer. Talk to the probate court first. If after doing so it seems too complex to deal with yourself, then hire a lawyer. In our case there wasn’t a lot of stuff to be “wound up” because my mother was continuing to live in the house, pay the bills, etc, and there was nothing to be divided. I was also available to be there and handle it, and of course having someone available is not always the case.