Connecticut Certificate of Devise and Descent: Transferring Real Estate After Probate
Selling a deceased person's home in Connecticut is not as simple as an executor signing a deed. Before any real estate can be transferred to heirs or sold to a third party, the estate must obtain specific court documents from the Probate Court and record them with the town clerk in the municipality where the property is located. The key document in this process is Form PC-250 — the Certificate of Devise, Descent, or Distribution.
Understanding this process before you reach the real estate transfer stage prevents expensive delays that stall home sales and create title insurance problems.
What Form PC-250 Does
Form PC-250 (Certificate of Devise, Descent, or Distribution) is a formal court document issued by the Connecticut Probate Court. It certifies that:
- The named deceased person owned the real property described in the certificate
- The estate has been administered under Probate Court supervision
- The property is being transferred to the named heir, beneficiary, or purchaser as part of the estate distribution
Once this certificate is recorded with the town clerk where the property is located, it creates a chain of title that title companies, buyers, lenders, and future owners can trace. Without a recorded PC-250 (or its companion, Form PC-251, Notice for Land Records), the property's title is clouded — no legitimate title company will insure a sale, and no lender will finance a purchase.
Form PC-250 vs. Form PC-251
Connecticut uses two related forms for real estate title transfer from estates:
Form PC-250 (Certificate of Devise, Descent, or Distribution) is the primary document. It is issued after the final distribution of the estate is approved by the court. It is used when property is being transferred directly to a beneficiary or heir as part of the final estate distribution.
Form PC-251 (Notice for Land Records) is used in different circumstances — primarily when the estate has been opened and the executor needs to notify the land records of a pending or interim real estate matter (such as when real estate will be sold during the administration period). It signals to the land records that the property is under probate court administration.
For most estate distributions — transferring the home to adult children or to a surviving spouse — Form PC-250 is the operative document.
When You Can Obtain Form PC-250
The Probate Court issues Form PC-250 only after specific estate milestones are reached:
- The estate is formally opened and an executor or administrator is appointed (Form PC-200 filed and approved).
- The inventory is filed (Form PC-440) — the court needs to know the property exists and its value.
- Debts, taxes, and administrative expenses are paid — including the mandatory CT-706 NT estate tax return within six months of death, and the subsequent probate fee invoice.
- The final administration account is approved (Form PC-241 or PC-242) — documenting all receipts, disbursements, and the proposed distribution.
- The court approves the distribution — either through a formal hearing or through hearing waivers filed by all beneficiaries (Form PC-245).
Once the court approves the final distribution, the executor obtains Form PC-250 and proceeds to recording.
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Where to Record: Connecticut's Town Clerk System
This is where many out-of-state executors and families are surprised. Connecticut does not have county-level land records. Real estate records are maintained by the individual town clerk for each of Connecticut's 169 towns.
If the deceased owned a home in Westport, the PC-250 must be recorded at the Westport Town Clerk's office — not at the Westport Probate Court district (Fairfield, District 45) and not at any county office (counties do not exist as administrative units in Connecticut).
If the deceased owned property in multiple towns — a home in Westport and a rental in Norwalk — a separate PC-250 recording must be made at each town clerk's office.
Recording fees are generally standardized: $70 for the first page and $5 for each additional page. Municipal and state conveyance taxes may also apply depending on the nature of the transfer (whether it is a sale or a gift/inheritance).
Connecticut Estate Tax Lien Release: A Prerequisite for Selling
If the estate is selling real estate to a third party — rather than transferring it to a beneficiary — an additional step is required. Before a sale can close, any Connecticut estate tax lien on the property must be released.
This requires filing Form CT-4422 UGE (Application for Certificate Releasing Connecticut Estate Tax Lien) with the Department of Revenue Services (DRS). The DRS reviews the estate tax return (CT-706 NT or CT-706/709), confirms the tax position, and issues a tax lien release certificate.
The title company handling the sale will require this certificate before closing. For estates that are clearly non-taxable (estates under the $15 million 2026 threshold), the DRS typically issues the release relatively quickly once the CT-706 NT is on file with the Probate Court.
Start this process early if a home sale is planned — waiting until a buyer is under contract to begin the lien release process creates closing delays that can kill deals.
Real Estate Before Probate Is Closed: Can You Sell Earlier?
Yes, in some cases. The executor has authority to sell estate real estate during the administration period — before the final distribution is approved — if liquidating the property is necessary to pay debts, administrative expenses, or taxes.
In this scenario, the executor signs the deed as executor (not in their personal capacity), and the sale proceeds flow into the estate account rather than directly to heirs. Form PC-251 is filed with the town clerk to put the land records on notice that the property is under probate administration, which enables the title company to insure the sale.
Once the estate is later distributed and closed, any remaining title documentation is handled through the final distribution process.
How This Fits Into the Broader Estate Timeline
Real estate transfers are typically the last major step before final distribution, coming after:
- Debts and creditor claims are resolved
- CT-706 NT is filed and the probate fee is paid
- The DAS review window has expired
- The final administration account is prepared and approved
Executors who try to rush the real estate transfer before these steps are complete will encounter DRS title lien blocks, title company refusals, or court delays in issuing PC-250.
The Connecticut Probate Process Guide maps the complete sequence from estate opening through real estate transfer and final discharge, including specific guidance on the PC-250 recording process, town clerk requirements, and the Form CT-4422 estate tax lien release for sales. If your estate includes real property, understanding this sequence before you begin is essential — the real estate transfer is the step where most Connecticut estates stall.
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