A client called me the morning after his mother died. He had her will, and she named him executor. The first question was, “Can I use the money in her checking account to pay the funeral home?” Unfortunately, the answer is no. In Connecticut, being named in a will makes you a nominee, not a fiduciary. You have no authority to act until the Probate Court grants it.
Until then, assets generally cannot be accessed or transferred. This applies to property titled in the decedent’s name alone with no named beneficiary. Banks and brokerages will not release funds without a fiduciary certificate, the court-issued document proving appointment.
A car cannot be transferred, a house cannot be sold, and a listing agreement signed by someone the court has not appointed does not bind the estate. Checks payable to the decedent cannot be cashed or deposited. And nothing can be distributed to a beneficiary, no matter how clearly the will spells it out.
The riskiest move I see is the well-meaning one: using a debit card, an online login, or joint access to keep paying the decedent’s bills. Someone who handles estate money without authority, or who pays one creditor while the estate may not have enough to pay them all, can be held personally responsible for the shortfall. Connecticut law specifies who gets paid and in what order, and good intentions do not change it.
Plenty is still allowed. If you are the proposed executor, you can make funeral arrangements and order certified death certificates. Securing property counts as protection, not administration, so things like locking the house, moving jewelry somewhere safe, photographing what is there, and keeping the heat and utilities on are generally permissible. Paying an urgent bill out of pocket is also okay, as long as you keep the receipt for reimbursement later.
When waiting is not workable, there are alternatives. On request, the Probate Court can appoint a temporary administrator when an executor’s appointment is delayed or the estate needs immediate protection. Situations requiring immediate protection may include a business that must keep running, a house needing urgent repairs for health and safety reasons, or a potential will contest. A temporary administrator is not a shortcut for impatience.
The Bayer Bottom Line
- The will names you, but the court appoints you. Nobody should act like a fiduciary before holding the certificate that says they are one.
- Solely owned accounts, vehicles, and real estate are effectively frozen until appointment.
- You may protect property and arrange the funeral, but you may not spend or sell estate assets, pay creditors, or distribute to beneficiaries.
- Acting too early can leave a proposed executor personally liable.
- If there is true urgency, ask the court to appoint a temporary administrator.
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This post is for informational purposes only and does not constitute legal advice. Laws vary and individual circumstances differ. Consult a licensed Connecticut attorney for guidance specific to your situation.
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