Selling a condo through probate: common charges, liens, and what families need to know.

A condominium is real estate, so the probate rules that protect and guide the sale of a family home apply here too. What a condo adds is a second layer of rules: the association's declaration and bylaws, its budget and common charges, and its role in approving who lives in the building. Connecticut's Common Interest Ownership Act (Chapter 828 of the general statutes) governs most of these communities, and it is the law that defines the association's rights and the unit owner's obligations.

When your loved one passes, the estate steps into the owner's place in this relationship. Monthly common charges keep the municipality bill analogy roughly right, but the estate's duties are its own: keep the charges current, respond to the association, and understand whatever rights the declaration gives the board, including the right of first refusal that some Connecticut buildings include. None of this replaces the probate court's oversight of the sale. It simply means there are two institutions paying attention, the court and the association, and a good plan coordinates both.

One clarifying note: this guide focuses on condominiums, where the estate owns a deed to a unit plus a share of the common elements. If the property is a cooperative, or co-op, ownership is structured as shares in a corporation rather than a deed, and the rules differ in important ways. For a condo, the familiar probate real estate process, with its executor's deed and court oversight, applies.

The first step is the same as it is for any probate estate: the will is admitted to probate and the executor, or personal representative, is appointed by the court. Until that appointment, no one has the legal authority to sell the unit or sign documents on the estate's behalf. Once the executor is in place, one of the first phone calls should be to the condo management company.

Ask for three things: a statement of the unit's account, a copy of the current budget and any recent special assessments, and the declaration's resale disclosure package. That package, which the association must be able to provide to prospective buyers, describes the building's finances, any pending litigation, and, importantly, the effect of any right of first refusal or other restriction on selling the unit. Knowing what is in it early prevents surprises weeks later.

Common charges do not pause because a unit owner has died, and the mail keeps coming. The estate is responsible for the accrued charges as debts of the estate, so the executor should set aside funds to keep payments current from the start. Letting the account lapse is the single most preventable mistake in a probate condo sale, because Connecticut law gives associations a powerful tool when charges go unpaid.

Under Conn. Gen. Stat. § 47-258, the association holds a statutory lien on the unit for unpaid assessments. The lien attaches automatically when the declaration is recorded, with no court filing required, and it travels with the unit. A person who inherits the unit takes title subject to that lien, and unpaid charges remain collectible. The association's lien has priority over most other claims, subject to a few exceptions: liens recorded before the declaration, real estate tax and other government liens, and first or second mortgages recorded before the charges became delinquent.

Since Public Act 13-156 took effect in 2013, the lien enjoys a priority "super-lien" for up to nine months of common expense assessments, plus costs and reasonable attorney's fees (late fees, interest, and fines are not included at that priority level). And before the association can foreclose, it must meet thresholds: the owner must owe at least two months of assessments under the last adopted budget, the association must make a demand for payment, and the executive board must vote to proceed, with a hearing required by that same 2013 law.

The practical translation is simple: keep the account current, settle any arrears early, and treat the common charges like the property taxes, as a carrying cost the estate pays while the unit awaits sale. If the family does owe a balance, resolving it before listing removes a title cloud that buyers and their lenders will otherwise ask about. Our guide to estate debts and creditor claims in Connecticut probate explains how obligations like these fit into the estate's overall picture.

Some Connecticut condo declarations give the association a right of first refusal, meaning the association can step in and buy the unit itself when it is offered for sale, or an approval right over the new buyer. The Common Interest Ownership Act recognizes these provisions and requires the declaration to state them clearly. The resale certificate the association furnishes to buyers must disclose the effect of any right of first refusal or other restraint on selling the unit (Conn. Gen. Stat. § 47-270(a)(1)), so the estate should read that document carefully before accepting an offer.

A right of first refusal is manageable in a probate sale, but it adds timing. The estate obtains an offer, the association decides whether to exercise its right within the window the declaration sets, and only then does the sale proceed in the normal way. A few Connecticut disputes over whether such a right could be used unreasonably have been decided by the courts, which is exactly why the declaration's wording matters and why the seller's side should review it early.

Through all of this, the probate court remains in the picture. The unit is real estate of the estate, so the same rules that govern a house apply: the executor is appointed, the unit is appraised for the estate inventory, the court approves the sale, and in many Connecticut probate courts a confirmation hearing reviews the price to make sure it is fair to every heir. Our guides to clearing title, probate appraisals, and the court confirmation hearing walk through each step in detail.

The late 2026 market is a genuinely good moment for a well-presented probate condo. New Haven condos are holding steady around a $265,000 to $285,000 median sale price, roughly $100,000 to $140,000 below the single-family median, which keeps them within reach of first-time buyers and downsizers even with mortgage rates near 7 percent. And they sell: condos averaged about 41 days on market with roughly four offers per listing into mid-2026 (Redfin).

Two condo-specific factors shape the price. First, buyers compare a unit against recent sales in the same building and similar buildings, so the appropriate comparables are other condos, not single-family houses. Second, a building's financial health matters to buyers and lenders alike: a well-funded reserve, no pending special assessment, and a clean association record make a unit easier to finance and sell. If the building recently passed a large special assessment for the roof or siding, the estate's share is a real liability that belongs in the pricing conversation.

For a fuller picture of the local market, including how thin inventory and rates near 7 percent are playing out across New Haven, our guide to the fall 2026 New Haven market lays it out in detail.

A probate condo sale sits at the intersection of estate administration and association rules, and each building adds its own declarations, financials, and personalities. An agent who understands both sides of that intersection can help your family:

• Coordinate with the executor, the probate court, and the condo management company so every requirement is met before listing.
• Order the resale documents early and review the declaration for any right of first refusal or approval rights, so the sale never stalls on a surprise.
• Price the unit against true condo comparables in the building and neighborhood, not against single-family sales.
• Keep common charges current and clear any lien concerns, so title is clean when the closing date arrives.
• Guide the family through court confirmation with patience, and communicate honestly with every heir along the way.

If you are caring for a loved one's condo during probate, here are a few gentle, practical steps that make a real difference:

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  Open the mail and answer the association. Statements, notices, and assessment letters keep arriving after a loss. Ask the management company for a statement of account and check for any special assessments on the horizon.
• 2
  Keep common charges current from estate funds. Unpaid charges become a lien that runs with the unit, so keeping the account current protects the estate's value and keeps the sale simple.
• 3
  Get the resale package early. It discloses the building's finances and any right of first refusal, and buyers will need it anyway. Knowing its contents prevents surprises at the offer stage.
• 4
  Keep the building's "shared home" in mind. The master insurance policy, the common areas, and the association's finances are part of what a buyer is purchasing, so keep the neighborhood to the building's lobby in good order where you reasonably can.
• 5
  Work with a team that knows both processes. A probate attorney for the legal side and a real estate agent experienced in probate sales for the market side. Together they keep the court, the association, and the calendar aligned.

If the estate also needs help keeping the property safe while it is vacant, the checklist in our guide to protecting a probate property applies just as well to a condo unit.

Whether you are just beginning the probate process or an executor has already been appointed, here is what I want you to remember:

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  A condo is estate real estate. The same court oversight that governs a house applies, including the appraisal, court authority to sell, and confirmation in many courts.
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  Common charges are the estate's responsibility. Keep them current, settle arrears early, and remember the association's lien can cover up to nine months of assessments at priority level.
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  Check the declaration for a right of first refusal. Some Connecticut buildings hold one, and the resale certificate must disclose it, so read the documents before accepting an offer.
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  Price against condo comparables. New Haven condos run roughly 30 percent below single-family homes, and buyers judge a unit against units, so use the building's own sales history.
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  You are not alone in this. Condos pass through probate in New Haven communities every year, and with the right plan and the right team you can move through this chapter with confidence and peace of mind.

If you have questions about your family's specific situation, I invite you to reach out. There is no obligation and no sales pitch, just a conversation about your needs and how we can make the probate real estate process as smooth as possible.