Overview
Fairfield County is located in Connecticut with a population of approximately 959,000. The Connecticut Probate Courts handle all probate and estate matters for decedents who were domiciled in the county at the time of death.
Connecticut probate is governed by Title 45a of the Connecticut General Statutes. The process begins with filing a Petition for Administration or Probate of Will (Form PC-200) to admit the will and appoint a personal representative. The court then issues Fiduciary's Probate Certificates (similar to Letters Testamentary) for testate estates or Letters of Administration for intestate estates.
Note on Court Structure: Connecticut eliminated county government in 1960. Probate courts are organized by districts, not counties. Fairfield County contains multiple probate districts (e.g., Fairfield, Bridgeport, Norwalk, Stamford, etc.). You must file in the specific district where the decedent resided.
Simplified Procedures: Connecticut offers a "Small Estate Affidavit" procedure (Form PC-212) for estates valued at $40,000 or less consisting solely of personal property (no real estate).
Fees: Connecticut probate fees are statutory and calculated based on the gross taxable estate, not a flat filing fee. The fee can range from $25 for very small estates to a maximum of approximately $40,000 for multi-million dollar estates.
This guide provides an informational overview of the Fairfield County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Fairfield Probate Court (District 49)
Note: There are multiple probate districts in Fairfield County. The information below is for the Fairfield District (serving the Town of Fairfield). Check ctprobate.gov to find the correct district for your town.
Address: Sullivan Independence Hall, 725 Old Post Road, Fairfield, CT 06824
Phone: (203) 256-3041
Hours: Monday through Friday, 8:30 AM to 4:30 PM
The court is located in Sullivan Independence Hall. The Probate Court office handles filings, hearings, and records for the district.
Parking and Access
Parking is available at Sullivan Independence Hall. There is typically a daily parking fee (approx. $6.50/day) on weekdays until 5:00 PM. Parking is generally free on weekends and holidays. Accessible parking spots are available near the entrance.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Affidavit (PC-212): If the estate consists solely of personal property valued at $40,000 or less, you may file an Affidavit in Lieu of Probate.
- Survivorship: Assets held in joint tenancy with right of survivorship pass automatically to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition for Administration or Probate of Will (Form PC-200) with the appropriate Probate District Court. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- Form PC-212A (Request for Order of Distribution) if applicable
- Payment for the entry fee (calculated based on estate value)
- A check for publication costs (approx. $68.25)
Note: Connecticut Probate Courts utilize an e-filing system (TurboCourt) which is encouraged for attorneys and available for self-represented parties.
Step 3: Provide Notice
After filing, the court will generally handle the publication of notice, but you may be responsible for the cost. You must:
- Mail notice of the hearing (if required) to all heirs, beneficiaries, and interested parties at least 10 days before the hearing.
- Publish notice in a newspaper of general circulation (e.g., Connecticut Post or Fairfield Citizen) as directed by the court.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, typically 2 to 4 weeks after filing. Many routine petitions are approved without a hearing if all waivers are filed (Form PC-245). If approved, the judge issues the Fiduciary's Probate Certificate.
Step 5: Administer the Estate
After receiving certificates, the personal representative must:
- Inventory and appraise all estate assets within 2 months of appointment.
- Notify creditors and allow 5 months for claims to be presented.
- Pay valid creditor claims and estate expenses.
- File the Connecticut Estate Tax Return (Form CT-706/709) within 6 months.
- Distribute assets to beneficiaries.
- File a Financial Report (PC-246) or Final Account to close the estate.
Local Requirements
Fairfield County-Specific Procedures
- District System: Ensure you are filing in the correct district (e.g., Bridgeport, Danbury, Darien-New Canaan, Fairfield, etc.).
- E-Filing: The Connecticut Probate Court system strongly encourages the use of TurboCourt for electronic filing.
- Publication: The court typically collects a fee (approx. $68.25) to publish the required notice to creditors in a local newspaper like the Connecticut Post.
- Tax Return: All estates in CT must file an estate tax return with the Probate Court, even if no tax is due.
Check with the specific district clerk for any unique local rules regarding remote hearings or document drop-off.
Timeline & Fees
Filing Fees (Connecticut Statutory Rates)
Fees are calculated based on the gross taxable estate (C.G.S. § 45a-107):
- $0 - $500: $25
- $501 - $1,000: $50
- $1,000 - $10,000: $50 + 1% of excess over $1,000
- $10,000 - $500,000: $150 + 0.35% of excess over $10,000
- $500,000 - $2,000,000: $1,865 + 0.25% of excess over $500,000
- Over $2,000,000: $5,615 + 0.5% of excess over $2,000,000 (Max fee approx. $40,000)
- Publication costs: approximately $65-$200 depending on the newspaper (often ~$68.25).
- Certified copies: approximately $10 per certified copy.
Payment Methods
The court accepts checks, money orders, and credit cards (via e-filing system). Checks are typically made payable to "Probate Court".
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
Note: The creditor claim period in Connecticut is 5 months (150 days).
Local Resources
Fairfield County Court Resources
- Court Website: ctprobate.gov
- Probate Self-Help: CT Probate Court User Guides
- Connecticut Probate Forms: Official Forms
Legal Aid and Attorney Referrals
- Fairfield County Bar Association: (203) 327-7041 — Lawyer Referral Service
- Statewide Legal Services: (800) 453-3320 — Legal Aid
- CT Bar Association: ctbar.org
Publication
- Connecticut Post: (203) 333-0161 — General circulation
- Fairfield Citizen: (203) 255-4561 — Local weekly