What exactly is a probate certificate?

[BillGinCT]

What is the name of your state (only U.S. law)? Connecticut

I need to obtain a probate certificate for my grandather's estate, but I don't know what form I file, or with whom I file it. I will explain the circumstances of this below...

My widowed, biological grandfather passed away in 2006..
He had 2 biological children, my mother and my uncle.
He had a life insurance policy in which my mother and uncle are the beneficiaries.
These funds are being held by the state unclaimed funds division.
There are 2 separate listings in the funds database, one for my mother and one for my uncle. (I am only claiming my mother's).
My mother passed away in 1989 (predeceasing my grandfather).
To my knowledge, there was no will.
The estate was probated and an administrator appointed by the state.
To my knowledge, the probate case is closed, as his estate would not be very big.

I made a claim for these funds on my mother's listing only. My uncle is still alive living in another state.
I provided the death certificates for my mother and grandfather and proof of my being next of kin, so that is all satisfied.

I was informed in a letter that the state requires a probate certificate for my grandather (and proof of social security number, which I already know how to obtain the SS#).
(Note: My mother did not have an estate, no will, and no probate case was conducted for her. The state did not request a probate certificate for her).

I do not know the value of the policies being held, so I do not want to hire an attorney (yet) if I don't have to. (Considering the value of a dollar then and now, the policy is many years old and I can't imagine it being very big.)

So can someone tell me how to obtain a probate certificate for him?

 

[Dandy Don]

If they asked you to furnish a "probate certificate", that is perhaps incorrect, confusing terminology that the public might not understand.

They should have asked you for a certified copy of "letters testamentary", which is a document issued (to whoever is going to administer the estate) at the time a probate file is opened up. That document gives the administrator the legal authority to claim any and all assets.

Your grandfather's estate will need to be reopened to handle these funds and distribute them legally. If you know who the administrator was (visit the courthouse to look at the probate file or order copies of it by mail), contact the administrator to see if he/she would be willing to reopen probate. If that person is not interested in reopening probate, then you (or an attorney you hire) can do that. If he owed any debts, the creditors would see the filling and submit their claims for payment. When all bills have been paid, you or whoever the legal heirs are will get to keep what money is left over. Hopefully, all of the bills he owed were already paid through the first probate.

If the amount of money is small, there will be a special procedure to expedite the handling of smaller estates.

Even though the state did not request a "probate certificate" for your mother, the letters testamentary are going to be needed to pay her heirs the money. Perhaps they would have told you about this later on (I don't understand why they didn't tell you unless they weren't thinking that far ahead). If your mother had no will, then you will also need to open up a probate procedure for her estate so that any bills she had can be paid and what monies are left over can be distributed to her heirs.

You should also notify your uncle about his monies--maybe you could ask him if he would be willing to split the legal costs here since he and you will both benefit after the case is over.

 

[Zigner]

If they asked you to furnish a "probate certificate", that is perhaps incorrect, confusing terminology that the public might not understand.

Actually, the "probate certificate" is a very specific document that the probate court issues: http://www.southbury-ct.org/content/996/278/353/4285.aspx

One small tidbit from that site: "... issuing a probate certificate requires the court’s careful review..."