Probate Court: Signing a Release in the State of CT

Asked 10 months ago - Brookfield, CT

At the end of Probate court-when the FInal Acct has been finalized and other accounts distributed, is it a CT law that a Release be signed by all parties? If so, is the Release just for the Probate Final Accounting or for survivorship as well?

Attorney answers (2)

  1. Kevin Burns

    Contributor Level 11

    2

    Lawyers agree

    Answered . No. There is no law that requires any release, nor would it be logical or helpful to ask for a release regarding a matter that has been judicially settled. As for survivorship, who would the survivor release?

    Providing answers to questions on AVVO does not create an attorney/client relationship. It is not possible to... more
  2. Scott D Rosenberg

    Contributor Level 15

    Answered . Beneficiaries and interested parties are never under any obligation to sign a release, and for purposes of closing the estate it is relevant to the court. A release has nothing to do with the probate court, it's just a way to immunize the fiduciary from the liability of a successor estate or successor in interest. A similar document, called a waiver, can be signed by all parties to streamline the approval of the probate court, but strictly speaking this is unrelated to a release, even though in some cases, particularly trust terminations, it is common to execute both.

    Attorney Rosenberg is admitted to practice in Connecticut and Massachusetts, and currently practices in South-... more

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