While most people think of probate only in the context of the division of property when an individual dies, there are many other types of matters determined in the Probate Court.  For example, the Probate Court may be called upon to appoint a conservator to act on behalf of an individual who is mentally or physically incapable of managing his or her own affairs.   The Court also oversees the handling of various types of fiduciary accounts, including those of conservators, guardians, and differing types of trustees.  The Court may also be called upon to appoint a guardian for a minor child or make determinations in paternity matters.  Sometimes the Court acts to terminate parental rights when parents are not fulfilling their responsibilities.

The Probate Court oversees the distribution of property owned by an individual who has passed away.  If the individual had a will, usually the Court honors the individuals wishes expressed in the will.  If someone dies without a will, the Probate Court then divides the property in accordance with Connecticut law.  Part of the function of the Probate Court, in this situation, is to see that debts of the decedent, funeral expenses and taxes are paid before the assets of the estate are distributed.

If all property was owned with others in survivorship, them it is not necessary for an estate to be opened when an individual dies.  Survivorship means that each of the parties named on an asset of any kind, such as a bank account, mutual fund, or piece of real estate, has an undivided equal interest in the asset.  This form of ownership grants to the joint owners who survive ownership of all of the asset upon the death of the other joint owner.

Anyone who has possession of a will is required to deliver the will to the Probate Court in the town where the decedent, the person who has died, had his or her domicile, within thirty days after the date of the death.  When the will is brought to the Probate Court, an application to Probate the will is filed with the Court.  Forms are usually available form the Court for this purpose.  If the decedent left no assets in his or her name that would pass under the will, the will is placed on file at the Probate Court but not admitted to Probate.

Regardless of how old it may be, a will can still be legally binding.  However, events can occur during the life of an individual that may render a will invalid such marriage, divorce, or the subsequent birth of or adoption of a child.