Legal Question in Wills and Trusts in Connecticut
Probate never filed -wife died 6 yrs ago
Wife died without a will 6 yrs ago. Probate was never filed as I thought no taxes would be due. Want to sell house and found it has to go through probate. Will estate be based on current value of house & her IRA or value at time of death . What taxes &/or penalties am I liable for because I did not file probate at time of death.
1 Answer from Attorneys
Re: Probate never filed -wife died 6 yrs ago
It will be valued as of the date of death. There probably will be no tax due, so no penalty. The reason it has to go through probate is so the buyer of the house will know that no tax was due, and also because the probate court fee is based on the value of what passes from one person to another by reason of death. Probate fees are very small, and it doesn't cost much to have a lawyer do the probate papers for you, but it must be done or you won't be able to sell the house.
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