Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21) is a commonly used form within Connecticut. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21):

• This form pertains to the State of Connecticut

• The current version of this form was last revised on April 1, 2021

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Connecticut’s Form PC-212 - Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Connecticut form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Connecticut probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form PC-212, take a break, and then review. Probate and estate settlement processes in CT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form PC-212 online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form PC-212 witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Connecticut.

5 reasons you should submit PC-212 as quickly as possible:

1. The sooner you begin, the faster Connecticut can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Connecticut. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Connecticut is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Connecticut probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Connecticut probate clerk or court for exact answers regarding Form PC-212, and when in doubt— consult a qualified trust & estates lawyer for that area.

Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21) is one of the many probate court forms available for download through Atticus.

It may also be available through some Connecticut probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Connecticut.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form PC-212 - Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Connecticut probate court office.

Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Connecticut-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Connecticut Form PC-212 - Affidavit In Lieu Of Probate Of Will/administration (Rev. 4/21). You can use this to get an idea of the context of the form and what type of information is needed.

Affidavit in Lieu of Probate of Will/Administration PC-212 Page 1 of 3 CONNECTICUT PROBATE COURTS Affi davit in Lieu of Probate of Will/ Administration PC-212 REV. 4/21 RECEIVED: Instructions: 1) This form may be used to settle a decedent’s estate using the small estates procedure under C.G.S. section 45a-2 73. The small estates procedure may be used only if both of the following conditions are met: (a) the decedent had no solely owned real estate and (b) the total value of all of the decedent’s personal property does not exceed $40,000. 2)The small estates procedure is a simplified method of settling an estate that avoids formal probate proceedings. Under the procedure, the decedent’s assets may be used to: (a) pay the decedent’s funeral expenses and the expenses of administering the estate (these are referred to as expenses), pay claims associated with the decedent’s last illness or other claims that the decedent owed at the time of death (these are referred to as claims) or (b) reimburse a person who paid expenses or claims from nonprobate assets. Any assets remaining after payment of expenses and claims are then distributed to the decedent’s heirs or beneficiaries. 3)Attach PC-212A, Request for Order of Distribution, if (a) assets exceed expenses and claims or (b) a person who paid expenses or claims with nonprobate assets waives reimbursement. Also file Confidential Sheet, PC-212CI, with the decedent's confidential social security number. 4)For further information, see C.G.S. sections 45a-273, 45a-365, 17b-95 and 18-85 b and Probate Court Rules of Procedure, section 30.12. 5)Type or print in ink. File in duplicate unless filed electronically. Use an additional sheet, or PC-180, if more space is needed. Probate Court Name District Number Estate of (Include all names and initials under which assets were held by the decedent.) Date of Death Decedent’s Residence at Time of Death (I nclude full address.) Petitioner (N ame, address and telephone number.) Relationship to Decedent, if any ___________________________________________________________________________________________________________ THE PETITIONER represents tha t : The petitioner is the surviving spouse of the decedent. There is no surviving spouse, and the petitioner is a next of kin of the decedent. There is no surviving spouse or next of kin, or the surviving spouse or next of kin has refused to file an affidavit in lieu of probate, and the petitioner has the following interest in the estate: No petition for settlement of the estate is pending in any Probate Court. The decedent died owning no real estate, other than survivorship real estate, if any, in the State of Connecticut. The market value of the solely owned assets listed below does not exceed $40,000. The decedent did did not ever receive aid or c are from the State of Connecticut. Affidavit in Lieu of Probate of Will/Administration PC-212 Page 2 of 3 Affi davit in Lieu of Probate of Will/ Administration PC-212 REV. 4/21 The decedent left a will dated _______________________________, which is not being presented for probate. The decedent left n o will. Description (List specific account or vehicle identification (VIN) number.) Fair Market Value Total$ ______________ Name of Creditor Amount Funeral Expenses Administration Expenses (For example, probate fees and attorney's fees .) Claims due for Last Sickness Taxes and claims due the State of Connecticut or the United States Other Claims (For example, credit card bills, utility bills, etc.) CONN EC T IC U T P R O B A T E COU R TS Description If Paid, Name and Address of Person to be Reimbursed The decedent died owning the following solely-owned assets: The expenses and claims relating to the decedent's estate are as follows: Affidavit in Lieu of Probate of Will/Administration PC-212 Page 3 of 3 CONNECTICUT PROBATE COURTS Affidavit in Lieu of Probate of Will/ Administration PC-212 REV. 4/21 The funeral expenses exceed the assets listed above, and the petitioner requests that the court order reimbursement to the person who paid the funeral expenses named above from the assets by: (a) direct transfer or (b) sale of assets. The funeral director has not been paid, and the petitioner requests that the court order payment to the funeral director from the assets listed above by: (a) direct transfer or (b) sal e of assets. The following creditors have not been paid, and the petitioner requests that the court order payment from the assets listed above by: (a) direct transfer or (b) sale of assets: The expenses, claims and taxes listed above have been paid in the manner prescribed by C.G.S. section 45a-365 o r, if the decedent received aid or car e from th e stat e of Connecticut or is obligated to pay the costs of incarceration, in the manner prescribed by C.G.S. sections 17b-95 or 18-8 5b, respectively. Assets exceed expenses and claims relating to the decedent's estate, and f orm PC-2 12A, which includes the names and addresses for all heirs of the decedent and any beneficiaries under a purported will, is attached. One or more of the children listed on PC-2 12A is not also the child of the surviving s pouse. WHEREFORE, the petitioner requests the court to authorize the t ransfer of the assets listed above and/or the sale of the assets and payment of the proceeds, as indicated above. The representations made in this affidavit are made under penalty of false statement. Signature of Petitioner_____________________________ Date_____________________________