If you die without a will in Connecticut, the state's intestate succession statute decides who inherits, using a formula that gives your spouse a fixed dollar amount plus a fraction of the balance, with the exact fraction depending on whether children or parents survive you. Your family cannot override this formula no matter what you told them you wanted.
Key Takeaways
- Connecticut's surviving spouse share ranges from the entire estate up to a 100,000 dollar allowance plus a fraction of the rest, depending on who else survives.
- If you have children from another relationship, your spouse's share drops from three-quarters or one-half down to one-half with no allowance.
- Unmarried partners and unadopted stepchildren inherit nothing automatically under Connecticut intestacy.
- An intestate estate still requires probate through the Connecticut Probate Court, the same as an estate with a will.
Who inherits if you die without a will in Connecticut?
Connecticut's spousal share under intestacy is set out in Connecticut General Statutes section 45a-437, part of the Decedents' Estates chapter.
Spouse only, no issue or parent
Your spouse inherits the entire intestate estate if you leave no surviving children and no surviving parent.
Spouse and parents, no children
If you have no surviving children but a parent or parents survive you, your spouse receives the first 100,000 dollars of the estate plus three-quarters of the remaining balance, with the rest passing to your parents.
Spouse and shared children
If your surviving children (or other descendants) are shared with your surviving spouse, the spouse receives the first 100,000 dollars plus one-half of the balance, with the children dividing the remainder.
Spouse and children from another relationship
If one or more of your surviving children are not also children of your surviving spouse, the spouse's share drops to one-half of the intestate estate outright, with no 100,000 dollar allowance, and the children divide the other half.
Children only, or no spouse and no children
If there is no surviving spouse, your children inherit the entire estate. If there is no spouse and no children, the estate passes to your parents, then siblings, then more distant relatives under Connecticut's order of succession.
What if the decedent left a will that does not cover everything?
Connecticut's intestacy rules also apply to whatever portion of an estate a will fails to address, not only to estates with no will at all. If a will disposes of some assets but is silent on others, or if a named beneficiary predeceases the testator with no backup named, the leftover share generally passes under the same intestate succession rules described above rather than simply being absorbed by other beneficiaries.
Does intestacy avoid Connecticut probate?
No. An intestate estate still has to go through Connecticut's Probate Court system, the same process required for an estate with a will, with the court applying the statutory shares above instead of your own instructions. The Connecticut Probate Courts' own FAQ page outlines the general process and what staff can and cannot help with, which is worth reviewing if you expect to navigate this without an attorney.
What is excluded from Connecticut intestacy?
An unmarried partner has no automatic right to inherit under Connecticut law, regardless of how long the relationship lasted. Stepchildren who were never legally adopted, foster children, and close friends are excluded from the statutory scheme in the same way.
Why does the three-quarters versus one-half distinction matter?
Connecticut's formula treats surviving parents more generously toward the spouse than surviving children do. When only parents survive alongside the spouse, the spouse keeps three-quarters of everything above the 100,000 dollar allowance, leaving parents with a smaller residual share. When children survive instead, the spouse's share of the balance above the allowance drops to one-half, giving children a proportionally larger stake. This design reflects a general assumption that a spouse should have more room to keep the household running when there are children still depending on that spouse, though the statute applies the same way regardless of the children's actual ages or needs.
How long does it take heirs to receive anything?
An intestate estate in Connecticut still has to move through the appointment of an administrator, an inventory, and a creditor notice period before any distribution can happen. Families should expect a process lasting several months at minimum, and longer if the estate includes real property or if any heir disputes how the statutory shares are being applied.
What about property held jointly or with a beneficiary designation?
Property titled jointly with rights of survivorship, and accounts or policies with a named beneficiary such as retirement accounts and life insurance, pass directly to the survivor or beneficiary outside the intestacy formula and outside the probate estate entirely. For many Connecticut families, this non-probate property is a larger share of total wealth than what actually gets divided under section 45a-437.
Frequently Asked Questions
What happens to a house if you die without a will in Connecticut?
The house is distributed under the same spousal share formula as other assets, but the transfer cannot be completed until the estate clears the Probate Court.
Do unmarried partners inherit under Connecticut intestacy?
No, only a legal spouse and blood or adopted relatives have inheritance rights under the statute.
Who administers a Connecticut estate with no will?
The Probate Court appoints an administrator, typically giving priority to the surviving spouse, then adult children, then other close relatives.
Does a will avoid probate in Connecticut?
No, a will still goes through Probate Court. Only assets in a properly funded living trust, or with valid beneficiary designations, bypass the process.
What if no heirs can be found in Connecticut?
If a thorough search turns up no eligible relatives, the estate escheats to the State of Connecticut.
If you would rather your spouse and children get what you actually intend instead of the statutory 100,000 dollar formula, a valid Connecticut will naming your own beneficiaries and executor is the fix. Read the broader consequences of dying without a will, review the Connecticut estate planning overview, check how long Connecticut probate takes, and see the how to make a will in Connecticut guide and common will mistakes before deciding this can wait. FastWill's will package lets you set your own terms instead of the statutory default.
