Do I need an attorney in Connecticut Probate Court?

Many people can represent themselves in Probate Court.

After all, the surroundings of a Probate Court in Connecticut are more comfortable and relaxed than other Connecticut courts. Probate hearings are usually held in conference rooms at the local Town Hall. There is no audience, no jury, the judge does not wear a black robe and there is ordinarily no court reporter.

Plus, Probate forms are available online and are relatively straightforward to complete. And, most of all, Probate Court staff are extremely helpful and accessible.

But while Connecticut Probate Courts tend to be a bit less formal, certain procedures still need to be followed. In addition, these courts decide some of the most critical cases affecting families.

Therefore, there are certain cases where a lawyer is recommended.

Issues concerning children

Probate Courts handle guardianship cases of minor children, termination of parental rights and adoptions. For these types of matters, the Probate Judge will order the Department of Children and Families (DCF) to conduct an Investigation. The DCF recommendation typically carries great weight with the judge. If the report is not favorable to your position, you should consult with an attorney on how best to proceed.

It may also be beneficial to have a lawyer’s advice on what options may be available to maintain the integrity of the family while still accomplishing stability for the child. For example, a limited type of guardianship or open adoption.

Estates

An attorney is generally recommended for large estates to assist the Executor in administering the Estate. The same is true for any type of challenge to the appointment of a particular fiduciary or for a will contest.

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