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Connecticut Real Estate Sale: Do You Need Court Approval?

A written petition, a contract already in hand, and a hearing before the deed can move — unless the will already settled the question.

C.G.S. §45a-164; Form PC-400

By the FigureMyTax Editorial Team · Reviewed 2026 · How we calculate

Quick answer: generally yes, unless the will specifically authorizes the sale. Otherwise, the fiduciary petitions the Probate Court, already holding a signed contract of sale, before the decree issues. Run your own numbers in the Connecticut probate real estate sale calculator.

The petition needs a contract already in hand

Straight from Form PC-400: the fiduciary must file the Inventory (PC-440) listing the real property with a copy of the recorded deed, and if requesting authority to sell, must include a copy of the contract of sale and evidence of the property's fair market value — the petition assumes a buyer is already lined up, not just a general intention to sell.

The court reviews before issuing a decree

At the hearing, the Probate Court reviews the application, the contract of sale, and the fair market value evidence before deciding whether to issue a decree authorizing the sale, mortgage, or conveyance.

Personal property has its own notice rule

Separately, if the fiduciary isn't named in the will as executor or isn't a family member, selling personal property not specifically bequeathed generally requires sending the inventory to interested parties, who then have 5 days to object — though the court may waive this if an expeditious sale is genuinely necessary.

A will's own power of sale changes everything

When the will specifically authorizes the fiduciary to sell the real property, the separate decree process under §45a-164 generally isn't required — the will's own language does the work instead.

Facing probate in Connecticut?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Connecticut attorney

Hartford, Stamford, and New Haven each handle these petitions through their own probate district, but §45a-164's decree requirement applies identically across all 54 districts.

Court approval to sell — frequently asked questions

What must a Connecticut fiduciary file to get court permission to sell?

Form PC-400, the Petition to Sell or Mortgage Real Property, along with the Inventory (PC-440) listing the real property, a copy of the recorded deed, a copy of the contract of sale, and evidence of the property's fair market value.

What happens at the hearing on the petition?

The Probate Court reviews the application, the contract of sale, and the fair market value evidence, then decides whether to issue a decree authorizing the sale, mortgage, or conveyance.

Does selling personal property also require notice to interested parties?

It can — if the fiduciary isn't named in the will as executor or isn't a family member, selling personal property not specifically bequeathed generally requires sending the inventory to interested parties, who then have 5 days to object before the sale proceeds.

Can the court waive the 5-day objection period for personal property?

Yes — the court may waive that requirement if an expeditious sale is genuinely necessary, though this waiver applies to personal property sales rather than the real estate decree process itself.

What ends the need for a separate court decree on real estate?

Specific authorization in the will itself — when the will grants the fiduciary a clear power of sale over the real property, the separate C.G.S. §45a-164 decree process generally isn't required.

Keep going

Connecticut Probate Real Estate Sale CalculatorYour estimate, based on your answers Connecticut Sale Costs & CommissionHayward v. Plant and the 5% yardstick Capital Gains Tax on the Sale in ConnecticutUp to 6.99%, with a recapture twist Connecticut Executor Fee CalculatorThe Hayward v. Plant standard, in full

This page provides general guidance only and is not legal advice. Based on C.G.S. §45a-164 and Form PC-400. Whether a decree is needed depends on the will's own language. Confirm with the Probate Court or a licensed Connecticut attorney before acting.