Essential Guide to Creating a Will in Connecticut

A will is the backbone of every estate plan. In simple terms, a will is a legally binding document that outlines your wishes for how your assets should be distributed after your death. It names your beneficiaries, specifies what they should receive, and designates an executor.

The Role of the Executor

After someone dies, the executor will file the will with the local probate court to begin the legal process of settling the estate. They then gather all assets that don't automatically pass to others (like jointly owned property, accounts with named beneficiaries, or assets held in trust). Think of the executor as the estate's financial manager – they handle paying outstanding bills, funeral costs, and any remaining taxes. These might include the person's final income tax return, estate taxes if the estate is large enough, and taxes on any money the estate earns during the settlement process (like interest from bank accounts). After the various debts, taxes and other costs are settled, the executor then distributes the remaining assets in the estate according to the terms of the will. Typically, the process takes anywhere from six months (very small estates) to eighteen months - although it can be much longer for complicated estates. While this may sound overwhelming, most executors work with an attorney who guides them through each step.

Understanding Probate in Connecticut

While probate isn't inherently problematic, many of my clients prefer to minimize assets passing through probate through strategic planning. Common approaches include establishing revocable living trusts, structuring property ownership thoughtfully, and using beneficiary designations on life insurance and retirement accounts. These tools can provide immediate access to assets for your spouse while protecting portions for your children's future needs.

Protecting Minor Children Through Your Will

In addition to directing where your assets will go, a will also plays the critical role of designating who will care for your children and how their inherited assets will be managed for their benefit. For families in Fairfield County with minor children, a properly structured will can establish trusts to protect assets until your children reach an appropriate age, designate trusted guardians, and ensure your children's futures remain stable and secure (and prevent a lump sum distribution when they turn 18).

Many people delay creating a will due to discomfort with discussing mortality or the assumption that their family will "figure it out," but this procrastination can have serious consequences. When someone dies without a will, the court must appoint an administrator to manage the estate, and the distribution process typically takes longer and costs more than when a valid will exists. This can leave families dealing with unnecessary stress, expenses, and potential conflicts that could have been avoided through proper estate planning. Similarly, if your will is poorly drafted or invalid, it can lead to messy probate issues, causing stress and confusion for your family - and delay their access to valuable estate assets.

Why Choose a Wilton Estate Planning Attorney

As a Wilton resident, I understand the unique needs of Fairfield County residents and can help create a comprehensive estate plan that protects your legacy and provides peace of mind for your family's future. Schedule a consultation - either in my Wilton office or via Zoom - and begin creating or updating your estate plan. Together, we'll ensure your wishes are clearly documented and legally protected under Connecticut law.

Book now.