A Conversation with Solo Agers About Probate: What It Is, How It Works, and Why It Matters

Estate Planning and Elder Law Attorney, Nathan Genest, answers common questions about Probate. Attorney Genest practices in Connecticut.

NOTE: No two states in the U.S. have identical, matching probate laws. Each state has authority to create its own regulations and procedural rules. Check with an estate planning attorney in your state for specific guidance. For more information on probate in different states, refer to the Solo Agers Connect February 2026 Newsletter here.

 

“Do Solo Agers Need to Worry About Probate? “

One of the most common things I hear when meeting with Solo Agers is, “I want to avoid probate at all costs.” It’s an understandable concern. Many people have heard stories about probate being expensive, complicated, and time-consuming. But is probate really something to fear?

As with many legal questions, the answer is: it depends.

Let’s imagine we’re sitting down together for an estate planning consultation, and you’re asking the questions many Solo Agers have about probate.

 

 “What exactly is probate?”

Probate is the legal process used to settle a person’s affairs after they die. In Connecticut, Probate Courts handle a wide range of matters, including wills, conservatorships, guardianships, and estates.

When someone passes away, the Probate Court may oversee the transfer of certain assets, ensure debts are addressed, and confirm that property is distributed according to a will or state law.

 

 “As a Solo Ager, why should I care about probate?”

Because many Solo Agers don’t have a spouse or children to step in and handle their affairs. The people you choose to manage your estate — whether that’s a sibling, niece, nephew, friend, or professional fiduciary — may need to navigate the probate process on your behalf.

Understanding how probate works can help you make informed decisions today that reduce stress and expense for those who will be helping you later.

 

 “Will all of my assets go through probate?”

Not necessarily.

Only assets that are owned solely in your name and do not have a designated beneficiary or joint owner generally require probate.

For example, a bank account with a payable-on-death beneficiary typically passes directly to that beneficiary. Similarly, assets held in a trust generally avoid probate altogether.

The more assets that pass outside probate, the simpler your estate administration may be.

 

 “I’ve heard there are different types of probate. Is that true?”

Yes. Think of probate as having three different lanes.

The first lane is a tax-purpose-only filing. The second is a simplified process called an Affidavit in Lieu of Probate. The third is a formal probate estate, which is what most people imagine when they hear the word “probate.”

The type of process required depends largely on the value of assets that were owned solely in your name at the time of death.

 

 “What is a tax-purpose-only estate?”

Connecticut requires an estate tax filing after a person’s death, even when no estate taxes are owed.

Currently, estate taxes generally do not apply unless an estate exceeds approximately $15 million. However, a filing may still be necessary to document that no tax is due.

This is especially important when real estate is involved. Connecticut automatically places an estate tax lien on property owned by a deceased individual. Before the property can be sold or transferred, that lien must be released through the proper filing.

Many families discover this issue only when they’re preparing to sell a home and the closing is delayed.

 

 “What if my estate is relatively small?”

If the total value of solely owned assets is less than $40,000, Connecticut may allow the use of an Affidavit in Lieu of Probate.

This simplified procedure avoids opening a full estate. Instead, paperwork is submitted to the court identifying the assets and requesting their transfer to the appropriate recipients.

Once approved, the court issues an order authorizing financial institutions, the DMV, or other organizations to transfer ownership.

For many Solo Agers with modest estates, this process can save considerable time and expense.

 

 “What is a formal probate estate?”

A formal probate estate is the most comprehensive probate process and is typically what estate planning attorneys are trying to avoid when they discuss probate avoidance strategies.

A formal probate is generally required when someone dies owning more than $40,000 in solely owned assets or owns real estate solely in their name.

 

 “What happens during a formal probate?”

The process usually begins with the appointment of a fiduciary.

If you have a Will, the person you named is typically appointed as the executor. If there is no Will, the court appoints an administrator.

Once appointed, that person becomes responsible for managing the estate.

The next step is identifying and valuing estate assets. An inventory is filed with the court listing the probate assets.

The estate must then remain open during a creditor claims period. During this time, creditors have the opportunity to submit claims for outstanding debts.

After debts, expenses, and taxes are addressed, the executor or administrator submits a final accounting to the court showing how the remaining assets will be distributed.

Once approved, the estate can be closed.

 

 “How long does probate take?”

One of the biggest concerns Solo Agers have is timing.

A small-estate affidavit may be completed within about a month after filing. A formal probate estate, however, usually takes at least six months and often longer. Connecticut law includes a five-month creditor claims period, which creates a minimum timeline before most estates can be finalized.

More complex estates may take a year or more.

 

 “Should I be afraid of probate?”

In my experience, probate is not something to fear.

Most probate matters proceed smoothly when proper planning has been done, and the individuals involved cooperate with one another.

The real challenge for many Solo Agers is not probate itself, but making sure the right people are available and authorized to act when needed.

That’s why estate planning is so important. Having an up-to-date will, properly designated beneficiaries, powers of attorney, healthcare documents, and, when appropriate, a trust, can make a tremendous difference for those who will eventually settle your affairs.

 

 “What’s the most important takeaway for Solo Agers?”

Don’t assume probate is automatically bad.

Instead, focus on understanding which assets would require probate, who would be responsible for handling your estate, and whether there are planning opportunities that could simplify the process.

For Solo Agers, thoughtful planning today can spare trusted friends, relatives, or professional representatives significant stress in the future.

If you’re unsure what would happen to your assets if you passed away tomorrow, it’s a good time to speak with an estate planning attorney. A consultation can help you understand your options and create a plan that reflects your wishes while making things easier for those who will one day carry them out.

 

About Our Guest Author

Nathan Genest is an attorney with the Law Office of Bickford & Genest, LLC, located in East Granby, Connecticut. He specializes in Elder Law and Estate Planning.

Attorney Genest is a graduate of University of Connecticut where he graduated with a B.A. in History and graduated with honors from the University of Connecticut School of Law.

He is licensed to practice law in Connecticut.

Readers can reach Attorney Genest by phone or by email. Schedule an Elder Law or Estate Planning consultation online HERE.