Legal Question in Wills and Trusts in Connecticut

It depends on what property both your mother and father either jointly own or separately own and whether or not the property is held in such a way that probate is required. As a for instance, if your mother and father jointly own a house together where there names are both on the deed, depending on the kind of tenancy, if your mom passes first, the property may automatically go to your father, whereby he is the titled owner of the property. If your father dies, even if he dies without a will, to either sell the house or to have his beneficiaries get there interest, your father's estate would have to go through the probate process. If both your mother and father had no property in their name, with the exception of an insurance policy with a named beneficiary other than, more than likely, as to the proceeds of the policy at the time of the insured party's death, probate would not be necessary. If there was a jointly owned bank account, when on party passes, the other party automatically takes what is in the account, irrespective of the will. Also, there are certain rights a non-deceased spouse has irrespective of a will at the time the other spouse passes. If you have question about specific assets your parents may have, it would be in your best interests to either talk to the attorney that prepared your parents will, if you parents would allow this or seek an independent legal consultation.

William J. Lasko, Attorney at Law, tel 203 329-6602

Here's the better answer.

Everyone's "estate" must go through probate, whether there is a will or not. If someone has a will, that person's estate still must go through probate. If a person does not have a will,that person's estate must go through probate.

YOU CAN NOT AVOID PROBATE WHETHER YOU HAVE A WILL OR NOT! WITH EXCEPTIONS!

Exception: If you have an asset in joint names with right of survivorship: the asset passes to the other person WITHOUT THE NEED OF GOING THROUGH THE PROBATE PROCESS. It's automatic- bank accounts, real estate, CD's etc. Or if you name a person as a beneficiary to the asset you may bypass probate.

Many investments take care of this for you: 401k's, Pensions, etc. If you have to put a beneficiary's name on the account, most likely that account PASSES OUTSIDE OF PROBATE.

LIFE INSURANCE: You need not go through the probate court (most of the time). The beneficiary of the life insurance merely provides a certified copy of the death certificate.

To avoid having your heirs have to go through the probate process, create joint bank accounts, or direct beneficiaries on your investments. Otherwise, with your spouse, if everything is in joint names, the surviving spouse need not probate the asset.