When Probate Meets Contract Law: Why Equity Stops at the Probate Court Door

Real estate deals involving conservatorships can collapse in ways even the best-drafted contract cannot prevent. The Connecticut Supreme Court’s decision in Kerin v. Stangle (209 Conn. 260, 1988) shows that equity has limits when probate authority and contract law intersect.

In Kerin, a buyer agreed to purchase property from a conservator for $62,000. The contract expressly required Probate Court approval before becoming binding. The Probate Court approved the sale, but the family appealed, arguing that the price was too low. The Superior Court upheld the sale with modifications, but the Connecticut Supreme Court later reversed that decision and ordered a new trial. Before the retrial could occur, the property owner died, automatically ending the conservatorship and transferring the property to the heirs.

The buyer sued the estate for specific performance, arguing that the original probate decree still authorized the sale. The Supreme Court disagreed. It held that once the Superior Court rules on a probate appeal, its judgment replaces the original decree. When that judgment was overturned, the original approval did not revive. Because the seller had died, the conservator no longer had authority to sell the property, and no new approval could legally occur.

Probate approval under Connecticut General Statutes § 45-238 was both a statutory and contractual precondition for the sale. Without that final approval, there was no enforceable contract to perform. As the Court explained, equity cannot create a contract where a statutory condition has not been satisfied.

The case illustrates how probate law strictly limits the reach of equity. Even a buyer who acts in good faith cannot rely on fairness when a required legal step—such as final probate approval—never occurs. In probate-related transactions, all approvals and appeals must be resolved before a deal becomes enforceable. Once a conservatorship ends, so does the authority to sell.

If you have questions about probate, conservatorship, or multi-state estate issues, feel free to call me or schedule a time.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is different, and you should consult a licensed attorney for advice regarding your specific situation.