Connecticut Probate Form PC-400

Petition To Sell Or Mortgage Property (Rev. 10/18)

Everything you need to know about Connecticut Form PC-400, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related CT probate forms.

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About Petition To Sell Or Mortgage Property (Rev. 10/18)

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.

Petition To Sell Or Mortgage Property (Rev. 10/18) 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:

View Form PC-400

CT Form PC-400, which may also referred to as Petition To Sell Or Mortgage Property (Rev. 10/18), is a probate form in Connecticut. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Petition To Sell Or Mortgage Property (Rev. 10/18)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Sell Or Mortgage Property (Rev. 10/18):

  • This form pertains to the State of Connecticut

  • The current version of this form was last revised on October 1, 2018

  • The official Connecticut source for this form is here.

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 ’s Form PC-400 - Petition To Sell Or Mortgage Property (Rev. 10/18) up to date, certain details can change from time-to-time with little or no communication.

How to file Form PC-400

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-400, 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-400 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-400 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 Petition To Sell Or Mortgage Property (Rev. 10/18) 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.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Petition To Sell Or Mortgage Property (Rev. 10/18) is due

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-400 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-400, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form PC-400 Online

Petition To Sell Or Mortgage Property (Rev. 10/18) 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-400 - Petition To Sell Or Mortgage Property (Rev. 10/18) 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.

Petition To Sell Or Mortgage Property (Rev. 10/18) 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.

View Form PC-400

CT Form PC-400, which may also referred to as Petition To Sell Or Mortgage Property (Rev. 10/18), is a probate form in Connecticut. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form PC-400 - Petition To Sell Or Mortgage Property (Rev. 10/18) is a probate form in Connecticut.

  • Connecticut has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Connecticut.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Connecticut, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Petition To Sell Or Mortgage Property (Rev. 10/18)

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form PC-400

Here’s the text, verbatim, that is found on Connecticut Form PC-400 - Petition To Sell Or Mortgage Property (Rev. 10/18). You can use this to get an idea of the context of the form and what type of information is needed.

Petition to Sell or Mortgage Real Property CONNECTICUT PROBATE COURTS PC-400 REV. 10/18 Petition to Sell or Mortgage Real Property PC-400 Page 1 of 3 RECEIVED: Instructions: 1) An executor, administrator or temporary administer of a decedent’s estate, conservator of the estate, guardian of the estate of a minor, or trustee may use this form to petition the court for permission to sell or mortgage real property. 2)The fiduciary must file, if not previously filed, an Inventory, PC-440, that lists the real property and includes a copy of the recorded deed (including the property description). 3)If the fiduciary is requesting authority to sell real property, the fiduciary must include a copy of the contract of sale and present evidence of the fair market value of the real property. 4)For more information, see C.G.S. section 45a-164, et seq., C.G.S. section 45a-656b, and Probate Court Rules of Procedure, sections 30.15, 33.12 and 34.6. 5)Type or print the form in ink. Use an additional sheet, or PC-180, if more space is needed. Probate Court Name District Number Estate of Fiduciary (Name, address and telephone number) Position of Trust Address of the Real Property to be Sold or Mortgaged hereinafter referred to as the real property Percent Ownership in the Real Property Proposed Sale Proposed Buyer(s) Proposed Sales Price Private Sale Public Sale Proposed Mortgage Amount of Mortgage Annual Interest Rate Term of Mortgage (Months) A mortgage of the real property is sought for the following reasons: Petition to Sell or Mortgage Real Property CONNECTICUT PROBATE COURTS PC-400 REV. 10/18 Petition to Sell or Mortgage Real Property PC-400 Page 2 of 3 T HE FIDUCIARY REPRESENTS that: The real property was owned by the decedent at the time of death. The assets other than the real property are insufficient to pay the debts, taxes and administration expenses of the decedent’s estate. See C.G.S. section 45a-428. The real property is owned by the person under conservatorship. The person under conservatorship consents to the sale of the property, or The sale of real property is necessary. The real property is not specifically devised in the decedent’s will or the will of the conserved person. The real property is specifically devised to the following persons: T he real property is owned by the minor. The real property is an asset of the trust estate. The real property was acquired by the fiduciary. The sale or mortgage of the property is is not prohibited by the decedent’s will. The fiduciary does not have a potential conflict of interest in the sale or mortgage of the property as the proposed buyer or otherwise. The proposed sale or mortgage of the property is in the best interests of the parties in interest to the estate. W HEREFORE THE FIDUCIARY REQUESTS that the court: aut horize the fiduciary to sell and convey the property to the proposed buyer for the proposed sales price as stated above. OR authorize the fiduciary to sell and convey the real property to himself or herself for the proposed sales price as stated above. OR authorize the fiduciary to execute a promissory note for the proposed mortgage terms and to secure the promissory note by executing a mortgage of the property as stated above. has Petition to Sell or Mortgage Real Property CONNECTICUT PROBATE COURTS PC-400 REV. 10/18 Petition to Sell or Mortgage Real Property PC-400 Page 3 of 3 The representations made in this petition are made under penalty of false statement. Signature of Fiduciary Type or Print Name Date Signature of Fiduciary Type or Print Name Date SPECIFIC DEVISEE CONSENT TO SALE OR MORTGAGE (For Decedent’s Estate Only) I, a specific devisee of the real property, consent to its sale or mortgage. Type or Print Name Signature Date

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