The death of a serving executor or administrator (a “fiduciary”) during the administration of a loved one’s estate can add to the stress of an already overwhelming process. Fortunately, Connecticut law provides a clear framework to transition between fiduciaries and ensure the estate progresses in a timely manner.

Understanding the Roles: Executor vs. Administrator

An executor is nominated under a will and appointed by the court to manage the administration of the decedent’s estate (a “testate” estate, where a valid will governs the disposition of property). An administrator is appointed by the court when the decedent dies without a will (an “intestate” estate, where the disposition of property is governed by statute).

When a Successor Executor is Named

Connecticut General Statutes §45a-290(c) states that if the executor appointed by the court dies, resigns, or is removed during the settlement of the estate, the court must appoint the successor executor named in the will. This successor will have all powers and duties permitted under the terms of the will.

Interested parties, such as beneficiaries or other family members, should review the terms of the will to determine who the decedent appointed as successor executor(s) and in what order of priority.

The successor executor or another interested party should file a petition requesting the appointment of the successor(s) nominated under the will, accompanied by proof of the executor’s death. The court will issue notice and either hold a hearing or the parties may waive the hearing and consent to the appointment. The new executor should notify all heirs and creditors about the change in fiduciary and, once formally appointed, assume all responsibilities of administering the estate, such as settling debts, distributing assets, and filing necessary paperwork with the court.

Importantly, if the appointed executor dies while serving in their capacity as executor, Probate Court Rule 30.19(b) mandates the filing of an accounting for the deceased executor’s actions during their tenure. This responsibility falls on the executor of the deceased executor’s estate, who could be a different person than the successor executor of the first estate. If no executor has been appointed for the deceased executor’s estate, the successor executor of the first estate may file the accounting on their behalf.

To illustrate the scenarios described above, see the diagrams below.

When No Successor is Named or There is No Will

If the nominated executor is unable or unwilling to serve and there is no successor appointed or the decedent dies without a will, Connecticut General Statutes §45a-290(a) and §45a-303(c) provides that the court must appoint an administrator in accordance with a specific order of priority, provided that such person is entitled to share in the estate:

• Surviving spouse
• Any child of the decedent
• Any grandchild of the decedent
• Decedent’s parents
• Decedent’s brother or sister
• Next of kin
• Any heir or creditor found reasonable by the court

Similar to the procedure previously discussed, such person must petition the court to be appointed as administrator or successor administrator, and the court will hold a hearing on the appointment. Interested parties may voice objections, or the parties may agree and waive the hearing.

Guidance and Support

The administration of a loved one’s estate is never straightforward. However, Wiggin and Dana is well-versed in all procedures for when an administration becomes complicated by the death of a serving executor or other unanticipated circumstances. We can guide you through the process and make the fiduciary succession as seamless as possible. If there is a dispute over who should serve, we can represent your interests to achieve an equitable and efficient solution.

Resources

• What Happens When an Executor Dies? Ensuring Smooth Estate Administration in Connecticut
• Executor and Trustee Selection
• Fiduciary Duties in Estate Administration
• 10 Reasons to Update Your Estate Plan
• Five Reasons Why You Should Do Your Estate Plan
• The Estate Plan Audit: Addressing Changes in Assets, Relationships and Taxes