What Happens If You Die Without a Will in Connecticut?
Without a will in Connecticut, a surviving spouse takes the first $100,000 plus half of the restConn. Gen. Stat. § 45a-437Verified Sep 10, 2026View source when every child of either spouse is a child of both, and descendants divide what passes to them per stirpesConn. Gen. Stat. § 45a-438Verified Sep 10, 2026View source.
Connecticut intestacy law decides. Connecticut follows separate property rulesConn. Gen. Stat. § 45a-437Verified Sep 10, 2026View source: the surviving spouse's share depends on whether children survive and whose children they are. The estate passes to the closest surviving relatives, in most cases the spouse and children first, then in order: Parents; Brothers and sisters; Next of kin in equal degree; Stepchildren; State Treasurer (abandoned property)Conn. Gen. Stat. § 45a-437Verified Sep 10, 2026View source.
The surviving spouse's share in Connecticut depends on the family. With no children: If no parent survives: entire estate. If parent survives: first $100,000 plus 3/4 of the remaining estateConn. Gen. Stat. § 45a-437Verified Sep 10, 2026View source. With shared children: First $100,000 plus half of the remaining estate (when all children are also children of surviving spouse)Conn. Gen. Stat. § 45a-437Verified Sep 10, 2026View source. When a child from a prior relationship survives: Half of the estateConn. Gen. Stat. § 45a-437Verified Sep 10, 2026View source.
Connecticut divides per stirpesConn. Gen. Stat. § 45a-438Verified Sep 10, 2026View source: the estate is divided into equal branches at the children's generation, and a deceased child's share passes to that child's own descendants.
Under Connecticut intestacy law, a stepchild or an unmarried partner does not inherit unless adopted or recognized by statute. A stepchild can inherit in Connecticut: if there is no next of kin, the residue of the estate is distributed equally to the stepchildren and those who legally represent themConn. Gen. Stat. § 45a-439(a)(4)Verified Sep 10, 2026View source. Outside those situations, a will or trust is how a stepchild or an unmarried partner is provided for. The Connecticut will signing requirements set out what a valid will takes.
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Learn moreForms for Planning and Settling an Estate in Connecticut
Free Connecticut forms for planning an estate or settling one: a will, trust, powers of attorney, TOD deed, and the probate forms an executor files.
Petition for Probate and Letters
In Connecticut, the petition asks the Connecticut Probate Court to appoint the personal representative, whose authority is proved by Letters Testamentary or Letters of Administration; every appointment goes through the courtC.G.S. § 45a-286 (hearing required before proving or rejecting a will; no registrar/clerk appointment track)Verified Sep 8, 2026View source.
Renunciation of Executor
In Connecticut, a person named as executor may decline to serveConn. Gen. Stat. § 45a-290(a); Probate Court form PC-200, REV. 07/23Verified Sep 22, 2026View source before anyone is appointed.
Affidavit of Heirship
In Connecticut, heirs put their identity on the land records with a recorded affidavit of facts affecting title that states who the heirs areC.G.S. § 47-12aVerified Sep 24, 2026View source; once recorded it is prima facie evidence of the facts stated.
Small Estate Affidavit
In Connecticut, the Small Estate Affidavit (Affidavit in Lieu of Probate of Will/Administration, PC-212)C.G.S. § 45a-273Verified Sep 8, 2026View source covers estates with personal property of $40,000C.G.S. § 45a-273Verified Sep 8, 2026View source or less, 30 daysC.G.S. § 45a-273Verified Sep 8, 2026View source after death, filed with the court.
Estate Inventory
In Connecticut, the personal representative files the estate inventory within 60 daysC.G.S. § 45a-341 (extendable to 4 months for cause, § 45a-341(b)(2)); Probate Court Rules §§ 30.12, 30.14; Form PC-2407Verified Sep 15, 2026View source of appointment.
Estate Closing
In Connecticut, the personal representative is discharged by court orderC.G.S. §§ 45a-176, 45a-175(g); Probate Court Rules § 36.12Verified Sep 15, 2026View source, and a final accounting is required.
Letter of Instruction
Prepare the letter a bank or insurer requests during estate settlement, addressed to its claims department.
Last Will and Testament
In Connecticut, a will is signed before 2Conn. Gen. Stat. § 45a-251Verified Oct 18, 2026View source witnesses, and a self-proving affidavit signed with it lets the court admit it without witness testimonyConn. Gen. Stat. § 45a-251Verified Oct 18, 2026View source.
Tools for Planning and Settling an Estate in Connecticut
Free calculators and checklists for planning or settling an estate in Connecticut: will and trust costs, probate, executor pay, and inheritance taxes.
How Much Does Probate Cost?
Probate on a $500,000 estate in Connecticut costs an estimated $29,174CT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage; Hayward v. Plant factors). Note: C.G.S. § 45a-294 covers will contest expenses only and is not the fee authority.Verified Sep 8, 2026View source. Attorney fees run 2.2%CT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage; Hayward v. Plant factors). Note: C.G.S. § 45a-294 covers will contest expenses only and is not the fee authority.Verified Sep 8, 2026View source to 3.5%CT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage; Hayward v. Plant factors). Note: C.G.S. § 45a-294 covers will contest expenses only and is not the fee authority.Verified Sep 8, 2026View source of the estate under a reasonable-compensation standard.
What Are the Burial and Cremation Laws in My State?
Connecticut allows you to name your own agent in advanceCGS 45a-318(a)Verified Oct 17, 2026View source, and that designation takes priority over the order of next of kin who otherwise control disposition of the remains.
How Much Are Estate & Inheritance Taxes?
Connecticut levies an estate taxConn. Gen. Stat. § 12-391Verified Sep 15, 2026View source above $15,000,000Conn. Gen. Stat. § 12-391Verified Sep 15, 2026View source (top rate 12%Conn. Gen. Stat. § 12-391Verified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Connecticut, beneficiaries owe no inheritance tax and the estate pays any estate taxConn. Gen. Stat. § 12-391Verified Sep 15, 2026View source above $15,000,000Conn. Gen. Stat. § 12-391Verified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 12 months for a simple estate.
How Does Step-Up in Basis Work?
Inherited assets in Connecticut take a basis reset to fair market value on the date of death26 USC § 1014Verified Sep 15, 2026View source, and the gain on a later sale faces ordinary income tax at the state's regular ratesConn. Gen. Stat. § 12-700(a)(10) (2024+ graduated rate schedule); § 12-700(a)(10)(E) (flat 6.99% on trusts and estates); § 12-701(a)(20) (subtractions); § 12-700a (AMT coupled to federal AMT)Verified Sep 15, 2026View source.
What Are the Estate Laws in My State?
Probate on a $500,000 estate in Connecticut costs an estimated $29,174CT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage; Hayward v. Plant factors). Note: C.G.S. § 45a-294 covers will contest expenses only and is not the fee authority.Verified Sep 8, 2026View source and takes 6 months to 12 months for a simple estate, with attorney fees of typically 2.2%CT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage; Hayward v. Plant factors). Note: C.G.S. § 45a-294 covers will contest expenses only and is not the fee authority.Verified Sep 8, 2026View source to 3.5%CT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage; Hayward v. Plant factors). Note: C.G.S. § 45a-294 covers will contest expenses only and is not the fee authority.Verified Sep 8, 2026View source of the estate. Estates under $40,000C.G.S. § 45a-273Verified Sep 8, 2026View source can use a small-estate procedure instead.
When Do I Have to Withdraw an Inherited IRA?
See which federal withdrawal rules apply to an inherited IRA, Roth IRA, or employer plan, the deadline year, and the missed-withdrawal tax.
How Much Can an Executor Charge?
Connecticut pays executors reasonable compensationCT Probate Court Rules of Procedure, Rule 39 (reasonable compensation; no statutory percentage)Verified Sep 8, 2026View source, typically 2.2%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source to 3.8%Estimated from the 16 state statutes that set an executor fee schedule (median and interquartile range at this estate value)Verified Sep 8, 2026View source of the estate.
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Connecticut Estate Planning Resources
In-depth guides covering Connecticut probate laws, trust requirements, and estate planning strategies.