Connecticut Small Estate Affidavit: Settling an Estate Without Probate of a Will

Connecticut calls it the affidavit in lieu of probate of will or administration. Form PC-212 settles a small estate without appointing an executor or administrator, and it is filed in the Probate Court for the district where the decedent lived.

Based on Conn. Gen. Stat. § 45a-273

By Settled Estate EditorialPublished: January 15, 2026Updated: May 31, 2026

What Is a Connecticut Small Estate Affidavit?

A Connecticut small estate affidavit is the affidavit in lieu of probate of will or administration under Conn. Gen. Stat. § 45a-273. The surviving spouse, or if there is no spouse any of the next of kin, files form PC-212 in the Probate Court for the district where the decedent resided. The route is open when the decedent’s solely owned tangible and intangible personal property totals $40,000 or less and the decedent held no solely owned Connecticut real property at death. Property that passes outside probate by operation of law does not count toward the ceiling. The court then decides who is entitled to payment and distribution and decrees that each bank, transfer agent or other holder may release the asset directly. No fiduciary is appointed and no full estate is opened.

Do you qualify?

Qualifying threshold: $40,000 or less in solely owned tangible and intangible personal property, with no solely owned Connecticut real property at deathThe test runs on the aggregate value of the decedent’s SOLELY OWNED tangible and intangible personal property, excluding property that passes outside of probate by operation of law. Survivorship accounts, payable-on-death and transfer-on-death registrations, life insurance and retirement accounts with a named beneficiary, and property already held in a trust are left out of the count, so a decedent can leave survivorship assets well above $40,000 and still qualify. The Probate Court user guide says the same thing. The real-property rule is separate and absolute: any solely owned Connecticut real property at the date of death closes the route no matter how small the personal property is.
Waiting period: None before filing. Conn. Gen. Stat. § 45a-273 sets no waiting period after death. The 30 days runs against the COURT: on receiving the affidavit the court sends a copy to the Department of Administrative Services and may not issue its decree until 30 days after that copy was sent. Apart from that hold, the court may act without notice and hearing.
Court filing fee: There is no flat small-estate filing fee in Connecticut. The Conn. Gen. Stat. § 45a-107 value scale applies, so a qualifying estate pays between $25 and $255, and the Probate Court invoices the fee rather than collecting it at filing. The $150 full-estate minimum does not attach, because a § 45a-273 affidavit is filed in lieu of admitting a will or granting letters. Confirm the invoice with the Probate Court for the decedent’s district before relying on a single figure.
Attorney: Not typically neededNo statutory requirement; counsel helps when there is a will, a disputed asset, or debts that exceed the personal property
Real estate: Not covered by this procedureConnecticut real estate blocks the affidavit outright. Conn. Gen. Stat. § 45a-273(a) is available only where the decedent had no solely owned real property in Connecticut at the time of death, and that disqualifier applies regardless of the value of the house or the size of the personal property. Real property held jointly with a right of survivorship, or already owned by a trust, passes outside probate and does not count against the test. Connecticut has not enacted a transfer-on-death deed, so a solely owned Connecticut home has no beneficiary-deed workaround and routes the estate to a full administration on form PC-200.

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Main Requirements

Solely Owned Personal Property of $40,000 or Less

The aggregate value of the decedent’s solely owned tangible and intangible personal property must not exceed $40,000, measured without property that passes outside of probate by operation of law (Conn. Gen. Stat. § 45a-273(a)).

No Solely Owned Connecticut Real Property

The decedent must have held no solely owned real property in Connecticut at the time of death. This is an absolute disqualifier and it applies no matter how modest the personal property is.

Non-Probate Assets Are Excluded From the Count

Survivorship accounts, payable-on-death and transfer-on-death registrations, life insurance and retirement accounts with a named beneficiary, and trust-held property are left out of the $40,000 test. A decedent may leave survivorship assets far above the ceiling and still qualify.

The Affiant Has Standing Under the Statute

The surviving spouse may file; if there is none, any of the next of kin; if there is no next of kin or they refuse to act, any person the court deems to have a sufficient interest, including a person or entity owed a claim, expense or tax.

A Will Does Not Automatically Close the Route

If the will distributes the estate the way intestacy would, the court orders an intestate distribution. If it distributes differently, the court may still act where the heirs at law sign a written waiver of the right to contest the will, or the beneficiaries consent in writing to an intestate distribution. Failing that, the court dismisses the affidavit and any party may petition to admit the will under Conn. Gen. Stat. § 45a-286.

A Sworn Statement About State Aid or Care

The affidavit states whether the decedent received aid or care from the State of Connecticut. The court sends a copy to the Department of Administrative Services, which is the agency that pursues the state’s claim under Conn. Gen. Stat. §§ 4a-12 and 17b-95.

A Connecticut Estate Tax Return Is Still Required

Conn. Gen. Stat. § 12-392 requires the return to be filed with the Probate Court for the decedent’s district within six months of death regardless of value, and the values on that return are what the court uses to compute the fee.

Available Small-Estate Options

Affidavit in Lieu of Probate of Will/Administration, form PC-212 (Conn. Gen. Stat. § 45a-273)

Limit: Solely owned tangible and intangible personal property of $40,000 or less, and no solely owned Connecticut real property at death
Real Estate: Not included
Timeline: Filed with the Probate Court for the decedent’s district; the court may not decree until 30 days after it sends a copy to the Department of Administrative Services
Typical Fee: The § 45a-107 value scale, from a $25 minimum up to $255 at the ceiling

Ex Parte Administrator for Small Benefits (Conn. Gen. Stat. § 45a-274)

Limit: Medical, insurance or health benefits or other intangible personal property of $1,000 or less owned by or payable to the decedent
Real Estate: Not included
Timeline: The judge of probate may name an administrator ex parte on satisfactory evidence that debts have been paid or provided for
Typical Fee: The § 45a-107 value scale, which at this size is the $25 minimum

Full Administration, form PC-200 (Conn. Gen. Stat. §§ 45a-283, 45a-286, 45a-303)

Limit: No dollar cap; the route for any estate holding solely owned Connecticut real property or more than $40,000 of solely owned personal property
Real Estate: Can be included
Timeline: Roughly 8 to 14 months, including the 150-day creditor-claim period that runs from the appointment of the first fiduciary
Typical Fee: The § 45a-107 value scale, with a $150 minimum where a full estate is opened

PC-212 is signed under penalty of false statement, and the assets carry duties

The person who signs form PC-212 swears to the asset list, the claims list and the statement about state aid under penalty of false statement. The decree does not wipe out what the estate owes. Claims, expenses and taxes are still paid in the Conn. Gen. Stat. § 45a-365 order, funeral expenses first and the expenses of settling the estate second, and where the assets fall short the court still orders payment in that order without opening the insolvency procedure. Anyone who receives a transfer or payment under the decree is liable for its value to the Commissioner of Revenue Services for any estate, succession or transfer tax on the property, and to any executor or administrator later appointed. Verify the values, and ask a Connecticut probate attorney before filing if there is a will, a disputed asset, or a debt larger than the personal property.

Step-by-Step Process

Rule Out Solely Owned Connecticut Real Property

Check the land records for the town where the decedent lived and for any other Connecticut town where the decedent may have owned property. If the decedent held any Connecticut real property in their own name alone at death, the affidavit route is closed and the estate opens on form PC-200 instead.

Total the Solely Owned Personal Property

Add up the tangible and intangible personal property the decedent owned alone: bank accounts in a single name, a vehicle, brokerage accounts with no beneficiary, refunds, uncashed checks, and household goods. Leave out anything with a surviving joint owner, a payable-on-death or transfer-on-death registration, or a named beneficiary. The total has to come in at $40,000 or less.

Identify Who Signs the Affidavit

The surviving spouse signs first. If there is no surviving spouse, any of the next of kin may sign. If there is no next of kin, or the spouse and next of kin will not act, the court may accept the affidavit of any person it finds to have a sufficient interest, including someone owed a claim, expense or tax.

List Every Asset and Every Claim

Form PC-212 is signed under penalty of false statement. It states whether the decedent received aid or care from the State of Connecticut, lists the solely owned assets, and lists all claims, expenses and taxes in the Conn. Gen. Stat. § 45a-365 priority categories. Order certified copies of the death certificate at $20 each while you gather the values.

File PC-212 in the Right Probate District

File the affidavit in the Probate Court for the district serving the town where the decedent resided. Nothing is collected at the counter: the court invoices the Conn. Gen. Stat. § 45a-107 fee later, once the estate tax return establishes the values.

Wait Out the 30-Day Hold, Then Collect and Pay

Covered in the "Do you qualify?" checklist at the top of this page.

Probate District Note: A Connecticut affidavit is filed in the Probate Court for the district where the decedent resided at death. Connecticut abolished county government in 1960 and has no county probate court: probate is heard by the 54 probate districts of Conn. Gen. Stat. § 45a-2, each serving one or more of the 169 towns, and the decedent’s town of residence picks the district. Conn. Gen. Stat. § 45a-105 requires the fees charged by Probate Courts to be uniform for all of the probate districts established by law, so the amount does not change from one district to another. Use the official court locator to match a town to its district before filing.

FAQ: Connecticut Small Estate Affidavit

Does Connecticut have a small estate affidavit?

Yes. Connecticut calls it the affidavit in lieu of probate of will or administration, form PC-212, filed under Conn. Gen. Stat. § 45a-273. It settles an estate of $40,000 or less in solely owned personal property without admitting a will, without granting letters, and without appointing an executor or administrator. It is filed in the Probate Court for the district where the decedent lived, not with a bank.

What is the Connecticut small estate limit?

The aggregate value of the decedent’s solely owned tangible and intangible personal property must be $40,000 or less, counted without property that passes outside of probate by operation of law. A separate route in Conn. Gen. Stat. § 45a-274 lets the judge of probate name an administrator ex parte to release medical, insurance or health benefits or other intangible personal property of $1,000 or less.

Can a Connecticut small estate affidavit transfer real estate?

No. Any solely owned Connecticut real property at the date of death closes the route entirely, regardless of the value of the personal property. Real property held jointly with a right of survivorship, or held by a trust, passes outside probate and is not counted. Connecticut has not enacted a transfer-on-death deed for real estate, so a solely owned home goes through a full administration on form PC-200.

How much does a Connecticut small estate affidavit cost?

There is no discounted small-estate fee. The Conn. Gen. Stat. § 45a-107 value scale applies, running from a $25 minimum to $255 at the $40,000 ceiling, and the Probate Court invoices it after the estate tax return sets the values. Add $20 for each certified death certificate and $5 per certified copy of a court document for the first two pages, plus $2 for each page after the second.

Can the affidavit be used when the decedent left a will?

Sometimes. A will does not by itself disqualify the estate. Where the will distributes the same way intestacy would, the court simply orders an intestate distribution. Where it distributes differently, the court may still act if the heirs at law waive the right to contest the will in writing, or the beneficiaries consent in writing to an intestate distribution. Without one of those, the court dismisses the affidavit and the will can be offered for probate under Conn. Gen. Stat. § 45a-286.

How long does a Connecticut small estate affidavit take?

Usually one to three months. There is no waiting period before filing, but the court cannot issue its decree until 30 days after it sends a copy of the affidavit to the Department of Administrative Services. Once the decree issues, each holder of an asset may release it directly. The Connecticut estate tax return is still due six months from the date of death.

Official Forms, Sources, and VerificationOfficial references used for this page

Conn. Gen. Stat. § 45a-273, Settlement of small estates without probate of will or letters of administrationConnecticut General Assembly. General Statutes of Connecticut revised to January 1, 2025, accessed August 2026.
Form PC-212, Affidavit in Lieu of Probate of Will/AdministrationConnecticut Probate Courts. Current official form, accessed August 2026.
Probate Court User Guide: Administration of Decedents’ EstatesOffice of the Probate Court Administrator, State of Connecticut. Current official user guide, accessed August 2026.
Fees and Expenses Calculators, the statewide Probate Court fee scheduleConnecticut Probate Courts. Current official fee page, accessed August 2026.

Information current as of May 31, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Connecticut can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.