Inherited Homes · Probate in Connecticut

Selling an Inherited House in Connecticut: A Step-by-Step Probate Guide for Heirs

When a parent or relative dies and leaves a house in Connecticut, someone has to take care of it, get legal authority over it, deal with the debts and taxes, and decide whether to keep it or sell it. The Probate Court process can feel slow and confusing, but it follows a clear order. This guide walks heirs through it step by step, from the first week to the day the proceeds are split, with the actual forms, deadlines and laws.

Written by Dan Riccio, Helpful Home Buyers, Shelton, CT · Facts checked: November 2026 · Includes a timeline table and a printable heir's checklist

If you're reading this, you've probably lost someone, and now you're also holding a set of keys and a lot of questions. That's a hard combination. Nobody expects you to know how probate works. Most people learn it for the first time exactly when they're least in the mood to learn anything.

We buy houses from families settling estates in Shelton and the towns around it, and the families who have the easiest time are rarely the ones with the simplest estates. They're the ones who understand the order of things: what has to happen first, what can wait, and what the Probate Court actually needs from them. That's what this guide is for.

What should I do first when a parent dies and leaves a house?

Nothing in the first two weeks requires you to understand probate. What it does require is protecting the house and the paperwork.

1. Secure the house. Lock it, collect spare keys, and know who has access. If neighbors, caregivers or contractors had keys, consider changing the locks. Take photos or a video of every room before anything is moved.
2. Call the homeowners insurance company. Tell them about the death and ask what the policy needs while the house is empty and who can be named on the policy going forward. Don't let it lapse.
3. Keep the lights, heat and water on. A house without heat in a Connecticut winter can freeze pipes in days.
4. Find the original will if there is one, and any trust documents. Check desks, files, the safe deposit box, and the lawyer who drafted it. The Probate Court has a form to open a safe deposit box to look for a will (PC-203).
5. Order certified death certificates. You'll need several: for the court, the land records, banks, insurers and the closing.
6. Collect the mail and the bills: mortgage, property tax, insurance, utilities. Keep paying what protects the house, and keep receipts for everything.
7. Don't sell, give away or throw out anything of value yet, including cars, jewelry, furniture and papers. They may belong to the estate, need to be on the inventory, or be left to a specific person in the will.

Does an inherited house have to go through probate in Connecticut?

It depends on how the house was owned. Look at the deed (your town clerk's land records will have it) and any trust paperwork.

A common question is whether the "small estate" shortcut applies. It doesn't, for a house. Connecticut's small estate affidavit (form PC-212) is only available when the person's solely owned personal property is $40,000 or less and they had no solely owned real property in Connecticut (CGS § 45a-273). If they owned a house here in their name alone, a full estate is needed.

Which Probate Court?

The estate is opened in the Probate Court for the district where the person lived when they died. Here are the courts for Shelton and nearby towns (Connecticut Probate Courts court locator, source 10):

Check the court locator at ctprobate.gov for hours and phone numbers before you go; courts and addresses change.

How do I become executor or administrator of an estate in Connecticut?

The person who handles the estate is called the fiduciary. If there's a will, the will names an executor. If there's no will, the court appoints an administrator, usually a close family member. Either way, nobody has legal authority over the house until the court appoints them.

1. File the petition. Form PC-200, Petition/Administration or Probate of Will, with its confidential information sheet (PC-200CI), the original will if there is one, and a death certificate. You can file on paper at the court or use the Probate Court's eFiling system.
2. Notice and waivers. The court notifies the heirs and people named in the will. If everyone agrees, signing a General Waiver (PC-181) can let the court act without a hearing. If someone objects, there will be a hearing.
3. The probate bond. The court may require a Probate Bond (PC-480), a kind of insurance that the fiduciary will handle the money properly. The will can waive it, and the heirs can ask the court to waive it with a Bond Waiver (PC-280).
4. Accept the appointment. The fiduciary signs the Acceptance of Fiduciary Appointment (PC-171).
5. Get the certificate of appointment. The clerk issues it. Banks, the town, insurers and the closing attorney will all want a recent copy, because it's proof that you have authority to act for the estate.

What does the executor have to do in the first few months?

Notice to creditors

The Probate Court publishes a newspaper notice telling anyone with a claim against the estate to present it to the fiduciary. The notice must be published within 14 days after the first fiduciary is appointed (CGS § 45a-354).

The fiduciary can also send a written notice to anyone they think may have a claim, giving a date at least 90 days out; a creditor who gets that notice and misses the date is generally barred (CGS § 45a-357). The Probate Court's form for this is PC-234, Fiduciary's Notice to Creditors to Present Claims, and claims are reported back with PC-237.

Two other timing rules matter. If a claim isn't presented within 150 days of the first fiduciary's appointment, the fiduciary isn't personally on the hook for estate assets already paid or distributed in good faith (CGS § 45a-356). And most claims must be presented within two years of the date of death, or sooner if a shorter limit applies (CGS § 45a-375).

Record the death on the land records

Within two months after qualifying, the fiduciary must file a certificate with the town clerk of each town where the person owned real estate, stating the date of death, where the person last lived, and whether they left a will. It's recorded in the land records (CGS § 45a-322). This is a small step people forget; the closing attorney will look for it.

The inventory

The fiduciary lists and values everything the person owned in their name, including the house at its fair market value. The inventory is due within two months after the fiduciary qualifies, and the court can extend it to four months for cause (CGS § 45a-341). The Probate Court's form is PC-2407, Inventory/Decedents' Estates. Before the house can be sold under a court order, the inventory must include its legal description (CGS § 45a-341(e)).

Do I need Probate Court approval to sell a house in an estate in Connecticut?

Sometimes yes, sometimes no. It depends on what the will says.

If the will gives the executor power to sell

Many wills give the executor the power to sell real estate. Some spell it out; others do it by referring to the list of fiduciary powers in Connecticut law, which includes the power to sell property and sign listing agreements "without an order of any court" (CGS § 45a-234(2)). If the will grants that power, the executor can generally list and sell the house without asking the court for a sale order, once appointed. The buyer's title company and attorney will read the will to confirm it.

If there's no will, or the will doesn't give the power

Then the fiduciary asks the court. The form is PC-400, Petition to Sell or Mortgage Real Property. The court gives notice to the people interested in the estate, holds a hearing, and may authorize the sale if it finds the sale is in their best interests (CGS § 45a-164). The court decides whether the sale is public or private, and for a private sale it may set the price and terms (CGS § 45a-166). If someone with an interest is a minor, not yet known, or under a disability, the court appoints a guardian ad litem to represent them at the hearing.

What's different about an estate sale at closing

The exemptions are a mixed blessing. The estate doesn't have to fill out a condition report, which makes sense, because an executor often has no idea whether the basement leaks. But buyers know that too, and they price uncertainty in. An inspection-heavy buyer may ask for credits, or offer less, on a house nobody can describe.

The state estate tax lien

Connecticut's estate tax is a lien on the person's real property until it's paid (CGS § 12-398(d)). That's why every closing on an estate house needs a certificate of release of lien. It's issued by the Probate Court for most estates, after the court finds that no Connecticut estate tax is due or that payment is assured; if the estate has to file its return with the Department of Revenue Services, the Commissioner issues it (CGS § 12-398(e)). The Probate Court's form to ask for it is PC-205B, Petition for Certificate Releasing Liens. Ask for it early; a missing lien release is a classic reason a closing gets pushed back.

Sell from the estate, or transfer to the heirs first?

There are two common paths, and the right one depends on the family:

What taxes and fees come with selling an inherited house in Connecticut?

Connecticut estate tax

For deaths on or after January 1, 2023, Connecticut taxes a resident's estate only above the federal basic exclusion amount, at 12% of the excess (CGS § 12-391). The IRS lists that amount as $13,990,000 for deaths in 2025 and $15,000,000 for deaths in 2026 (source 5). So the vast majority of Connecticut estates owe no Connecticut estate tax.

But owing nothing is not the same as filing nothing. A Connecticut estate tax return must be filed with the Probate Court for the district where the person lived, and with the Department of Revenue Services when the law requires it, and it's due six months after the date of death (CGS § 12-392). For estates under the threshold this is the CT-706 NT, the nontaxable return; the forms are on the DRS website. It's also the step that leads to the lien release you need to sell.

Probate Court fees

Probate fees are set by statute and are the same in every Connecticut court. For deaths on or after July 1, 2016, the basic fee is based on the largest of a few measures of the estate, usually the gross estate for estate tax purposes, which can include assets that pass outside probate (CGS § 45a-107). Property passing to a surviving spouse counts at half.

Source: CGS § 45a-107(b). Minimum $150 when a full estate is opened and the basis is under $10,000. There are separate charges for accountings, copies and recording; the Probate Courts' online fee calculator gives an estimate.

Income tax when the heirs or the estate sell

This is where inheriting a house is often better than people fear. Three IRS rules do most of the work:

• A "stepped-up" basis. The tax basis of inherited property is generally its fair market value on the date of death (or an alternate valuation date the estate chooses); if a federal estate tax return was filed, the value on that return is the basis (IRS Publications 551 and 523).
• Always long-term. Inherited property is treated as held more than one year, however long you actually held it (IRS Publication 544).
• Selling costs reduce the gain. Commissions, legal fees and other selling expenses come off the sale price (IRS Publication 523).

Put together: if the house was worth $500,000 when your parent died and sells for $510,000 a few months later with $35,000 of selling costs, there's no gain at all to tax. A gain shows up mainly if the house sits for a long time while values rise, or if it's fixed up and sold for much more than the date-of-death value.

The $250,000/$500,000 home-sale exclusion usually doesn't apply to an inherited house, because it requires the seller to have owned and lived in it as a main home for 2 of the last 5 years (IRS Topic 701). An heir who moved in and lived there long enough may be an exception. Connecticut taxes any taxable gain as ordinary income under its regular income tax. Who reports the sale, the estate or the heirs, depends on who sells; ask the estate's tax preparer.

How do I take care of an inherited house while it's empty?

The fiduciary is responsible for protecting estate property, and an empty house is the estate's biggest risk. A few habits prevent most of the expensive surprises.

• Insurance. Tell the insurer the owner died and the house is vacant, ask how that affects coverage, and get the estate or fiduciary named as needed. Read the policy's vacancy section yourself.
• Heat and water. Keep the heat on through the winter, or have a licensed plumber winterize the house properly. Shut the main water valve if no one is staying there, after asking whether the heating system needs water to run.
• Weekly visits. Walk through, check for leaks, and run the taps. Pick up mail and flyers so the house doesn't look abandoned.
• Outside. Mow, shovel and keep walks safe. Ask the town about any rules for vacant properties.
• Keep paying what protects the house: mortgage, insurance, utilities and property taxes. In Shelton, for example, real estate tax installments are due July 1 and January 1, with interest of 1.5% a month on late payments (source 15). Pay from the estate account when you can, and keep receipts if a family member pays personally; those can be reimbursed through the estate.
• Talk to the mortgage servicer. Payments are still due after a death. Send the servicer the death certificate and the fiduciary's certificate, and ask what they need to discuss the loan with you.

How do we handle the cleanout?

For many families, emptying the house is harder than any court form. It's decades of a life, and every drawer is a decision. Some practical guidance:

1. Inventory first, clear second. Valuables and anything left to a specific person in the will stay put until the fiduciary has listed them. Photos of each room help.
2. Look for paperwork as you go. Bank and brokerage statements, insurance policies, deeds, tax returns, titles, safe deposit keys, and recent bills. These are how the fiduciary finds assets and debts.
3. Let each heir choose keepsakes in a fair order. Taking turns, or each person listing their top choices, avoids most fights. Write down who took what, especially anything valuable, so it can be counted in their share if needed.
4. Get an opinion on anything that might be valuable before it goes to a donation truck: jewelry, art, coins, collectibles, tools, and old furniture.
5. Sell, donate, then dispose. An estate sale company, a consignment shop, charities, and finally a dumpster or junk removal for the rest.
6. Pay for it from the estate and keep the receipts. It's an estate expense.

You don't always have to empty the house before selling it. Some buyers, including cash buyers, will buy a house with its contents. That can be a relief if the family lives far away, but agree in writing on what stays, and take out everything personal first.

How is the money from an inherited house split between siblings in Connecticut?

The will decides, if there is one. If there isn't, Connecticut's inheritance law does. When the estate sells the house under a court order, the net proceeds are divided the same way the house itself would have been (CGS § 45a-166(b)). The order of operations matters: debts, expenses and taxes come out first, and the heirs share what's left.

If there's no will

Connecticut's intestate succession rules give the surviving spouse a set share and the rest to the children in equal shares (CGS §§ 45a-437 and 45a-438). In summary:

Summary of CGS §§ 45a-437 and 45a-438. Other relatives inherit when there's no spouse or child. Gifts a parent made during life as an advancement can reduce a child's share. Ask the attorney for the estate to confirm the shares in your family's case.

Common sibling situations, and how families handle them

• One sibling wants to keep the house. They can buy out the others' shares at an agreed value, usually based on an appraisal. In a court-ordered sale, the court can even authorize a sale to the fiduciary after a hearing, with notice saying so (CGS § 45a-164(c)). Get the price and terms in writing and checked by the attorney.
• One sibling is living in the house. Agree in writing on how long, who pays the taxes, insurance and utilities meanwhile, and whether any rent is owed to the estate.
• One sibling paid the bills. Keep every receipt. Expenses that protected the house can be reimbursed through the estate before the split.
• Siblings disagree about selling or the price. The Probate Courts offer mediation (form PC-1002, Motion and Agreement to Mediate). If the house was co-owned or an heir owns part of it, the Probate Court can order partition or sale during the estate in some cases (CGS § 45a-326), and Connecticut's Superior Court can order partition or sale of property owned by two or more people when that better serves the owners (CGS §§ 52-495 and 52-500). Court is the expensive way to agree, so most families try everything else first.
• Someone can't be found or is a minor. The court can appoint a guardian ad litem to represent them at the sale hearing (CGS § 45a-164(d)).

A simple example (est.)

Three siblings inherit equally from their widowed mother. The estate sells the house for $480,000.

Illustration only (est.). Conveyance tax: 0.75% state plus 0.25% town on $480,000 (CGS § 12-494). Other estate assets, like bank accounts, would be added before dividing.

How long does it take to sell a house in probate in Connecticut?

There isn't a fixed timeline. A cooperative family with a clear will can often list within a few months; a missing will, an out-of-state heir, a disagreement or a title problem can add many months. The legal deadlines below are fixed, though, and they shape the schedule.

Deadlines from the Connecticut General Statutes as cited; form numbers from the Connecticut Probate Courts' trusts and estates forms list. Your court may require additional filings.

What's on an heir's checklist?

What are our options for the house?

Every family's answer is different. Here are the realistic choices, with what each one asks of you.

A good way to decide is to estimate what each path really nets after repairs, months of carrying costs, commission and the family's time, then talk it through together. The right answer is the one the family can agree on and live with.

Frequently asked questions

Who wrote this

Dan and Meghan Riccio run Helpful Home Buyers in Shelton, Connecticut. They have more than 15 years of experience buying and renovating houses, and they wrote this guide for families sorting out a parent's or relative's house. Dan got his start in residential landscaping and grew a passion for turning properties around. He and Meghan have handled everything from simple updates to full-gut renovations.

Helpful Home Buyers, 456 Howe Ave, Shelton, CT · (203) 625-1895 · More about Dan and Meghan