Mutual Distribution Agreements in Connecticut

By: Philip C. Pires

When a loved one passes away, the distribution of their estate is typically governed by their will or, in the absence of a will, Connecticut’s intestate succession laws. At times, disagreements among heirs and beneficiaries can arise, leading to disputes over how assets should be divided or distributed.

Rather than engaging in costly litigation, parties can enter into a mutual distribution agreement to resolve conflicts amicably and redistribute estate assets in a way that better suits their needs.  A mutual distribution agreement is a contract between heirs (in an intestate estate) or beneficiaries (in a testate estate) that modifies the way assets are distributed. Under Connecticut law, such agreements allow all interested parties to agree on an alternative distribution of estate assets, even if it deviates from the original terms of a will or intestate succession rules.

When Can a Mutual Distribution Agreement Be Used?

These agreements are commonly used in situations such as:

• Disputes Over Specific Assets: Beneficiaries may have sentimental attachments to certain assets and prefer a different allocation than what the will or law dictates.
• Family Settlement Agreements: Heirs may agree to divide assets in a way that better meets their financial needs or preferences.
• Avoiding Probate Litigation: If parties contest the validity of a will, a mutual distribution agreement can be a faster, less expensive alternative to a will contest.
• Clarifying Ambiguous Wills: If the language in the will is unclear, beneficiaries can agree on an interpretation to prevent disputes.

Legal Framework for Mutual Distribution Agreements in Connecticut

For estates where the decedent did not leave a will, mutual distribution agreements are governed by Connecticut General Statutes § 45a-433(b) and Section 30.17(a) of the Connecticut Probate Court Rules of Procedure.  All persons interested in the estate must unanimously agree to modify the asset distribution.  The mutual distribution agreement may provide for the distribution of property to a person other than an heir.

For estates where the decedent left a will, mutual distribution agreements must comply with Connecticut General Statutes § 45a-434 and Section 30.17(b) of the Connecticut Probate Court Rules of Procedure.  All affected beneficiaries, and any parties contesting the will, must consent to the new distribution plan.  The mutual distribution may provide for the distribution of property to a person other than a beneficiary under the will.  If a beneficiary under the will is a charity or charitable interest, then the agreement will only be valid if the Connecticut Attorney General is a party to the agreement.

Mutual distribution agreements must be executed with two witnesses and acknowledged by a notary public or a Commissioner of the Superior Court.  Mutual distribution agreements also require Connecticut Probate Court approval.

Why You Need an Experienced Connecticut Probate Attorney

Mutual distribution agreements require careful legal drafting to ensure they are enforceable and compliant with Connecticut law. An experienced probate litigation attorney can help to negotiate terms, ensure compliance with Connecticut law, draft an enforceable agreement, and represent you in Connecticut Probate Court to obtain court approval.

At Cohen and Wolf, our Connecticut probate attorneys have extensive experience helping Connecticut families navigate complex estate disputes. Whether you are seeking to negotiate a settlement of an inheritance, resolve a probate conflict, or ensure fair asset distribution, we can help.  If you need assistance with a mutual distribution agreement, please contact us here.

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