Thompson, CT asked in Probate and Family Law for Connecticut

Q: Probate

Ok so if my dad dies and he has no written will but my name is on the house and the bank account with his does it have to go through probate for my siblings

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2 Lawyer Answers
Gerald Shea
Gerald Shea
  • Probate Lawyer
  • Westport, CT
  • Licensed in Connecticut

A: Joint accounts and real estate held jointly in survivorship do not require CT probate.

However, an estate tax return is due 6 months from date of death, but that is a different issue (See Form 706NT (nontaxable estate) and Form 706 (taxable estate).

Steven Basche agrees with this answer

Linda Ann Subbloie
Linda Ann Subbloie
  • New Haven, CT
  • Licensed in Connecticut

A: The house:

So long as the deed to the house indicates that the house is in joint names with rights of survivorship then the house would go to you upon his death. No probate is needed. If the house is in joint names, but is not in survivorship, then his share goes to his heirs which would include your siblings and you. Probate is required.

The bank account:

So long as the bank account is in joint names then the account would go to you upon his death and no probate is needed. If you are on the bank account as a "beneficiary" then the result is the same. No probate is needed.

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