Connecticut Probate and Estate Tax Laws
Created by FindLaw's team of legal writers and editors | Last reviewed June 20, 2016
Probate in Connecticut
Probate courts oversee the process of administering a person's estate after they die. But not all assets in an estate go through probate. Assets that are jointly-owned and assets with designated beneficiaries pass outside of probate. The remainder of the deceased's estate goes through the probate process.
During the probate process all debts, claims, and taxes that the estate owes are paid off and then what's left of the estate is distributed to the deceased's heirs. If the deceased dies testate (with a valid will), then the court will attempt to distribute the property according to the terms of the will. However, if the deceased dies intestate (without a valid will) then the rest of the estate is distributed according to the state's laws of succession (see Connecticut General Statutes section 45a-437 & 45a-438).
Connecticut's Estate Tax
When someone dies, the government has the right to impose an estate tax on that property. Not all states have an estate tax, however, Connecticut collects an estate tax from estates that are worth more than $3,500,000. The following chart highlights the main aspects of Connecticut's estate tax law.
Connecticut General Statutes section 12-217-391: Estate Tax
When is the Estate Tax Applicable?
For decedents who die on or after January 1, 2010, Connecticut collects an estate tax from estates that are worth more than $3,500,000 if the decedent was domiciled in Connecticut when they died, or if the decedent owned real or tangible property in Connecticut.
The estate tax is calculated by using the table reproduced below.
Determination of Domicile
Under Connecticut's estate tax laws, it is presumed that the decedent died as a resident of Connecticut.
This presumption can be challenged by filing a request for a determination of domicile with the Commissioner of Revenue Services.
Amount of the Estate Tax
State laws change frequently. For case specific information regarding Connecticut's probate and estate tax laws contact a local tax attorney.
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