Dying Without a Will in Connecticut: Intestacy Rules

If you die without a will in Connecticut, state law decides who inherits your property. CGS 45a-437 through 45a-439 lay out the distribution rules, and they do not always match what people assume.

Spousal Share

The surviving spouse’s share depends on who else survives the decedent.

Spouse only, no surviving children or parents. The spouse inherits the entire estate. This is the simplest scenario, and the only one where a single person takes everything.

Spouse plus parents, but no children. The spouse receives the first $100,000 plus three-quarters of the remaining balance. The decedent’s parent or parents split the rest.

Spouse plus children, all of whom are also the spouse’s children. The spouse receives the first $100,000 plus one-half of the remaining balance. The children split the other half equally. So for a $500,000 estate, the spouse gets $100,000 plus $200,000 (half of the remaining $400,000), totaling $300,000. The children split $200,000.

Spouse plus children, at least one of whom is not the spouse’s child. The spouse receives one-half of the entire estate. No $100,000 preferential share. The children (including the spouse’s own children and any children from the decedent’s prior relationship) split the other half equally.

This last category catches many blended families off guard. When a decedent has children from a previous marriage, the surviving spouse’s share drops significantly compared to the scenario where all children are shared.

When There Is No Surviving Spouse

CGS 45a-438 and 45a-439 govern distribution when the decedent leaves no spouse.

Children survive. The children divide the estate equally. If a child predeceased the decedent but left descendants, those descendants take the deceased child’s share by representation (per stirpes). For example, if the decedent had three children and one predeceased leaving two grandchildren, the two surviving children each take one-third and the two grandchildren split the remaining one-third.

No children, but parents survive. The parents inherit the estate equally, or the surviving parent takes it all. One exception: CGS 45a-439 bars a parent who abandoned the decedent as a minor from inheriting.

No children, no parents. The estate passes to siblings equally, with the children of a deceased sibling taking that sibling’s share per stirpes.

No siblings. The estate goes to the next of kin in equal degree. Connecticut follows a parentelic system, moving outward through increasingly remote relatives. In practice, if there are no siblings or their descendants, the estate passes to grandparents, then aunts and uncles, then first cousins.

No heirs at all. If absolutely no relatives can be found, the estate escheats to the State of Connecticut.

Practical Examples

Example 1. David dies with a $600,000 estate, no will, survived by his wife Sarah and their two children. Sarah gets $100,000 plus half of the remaining $500,000 ($250,000), for a total of $350,000. Each child gets $125,000.

Example 2. Maria dies with a $400,000 estate, survived by her husband Tom and her daughter from a prior marriage, Lisa. Because Lisa is not Tom’s child, Tom gets half: $200,000. Lisa gets $200,000. Tom does not receive the $100,000 preferential share.

Example 3. Robert dies unmarried with a $300,000 estate, survived by two children and one grandchild (the child of a deceased third child). Each surviving child gets $100,000. The grandchild gets $100,000 (the deceased child’s share).

Comparison to New York

Many Connecticut residents have ties to New York, so the differences matter. Under New York EPTL 4-1.1, when a spouse and children survive, the spouse gets the first $50,000 plus one-half of the residue. Connecticut is more generous to the surviving spouse, with a $100,000 preferential share. New York’s threshold has not been updated in years and provides less protection to the surviving spouse in modest estates.

New York also treats adopted children and non-marital children somewhat differently in edge cases, though both states generally treat them as full heirs.

What Intestacy Does Not Cover

Intestacy rules apply only to the probate estate: assets the decedent owned individually without a beneficiary designation or survivorship feature. The following pass outside of intestacy:

• Joint bank accounts and jointly held real property (pass to the surviving owner)
• Life insurance with a named beneficiary
• Retirement accounts (401(k), IRA) with a named beneficiary
• Payable-on-death and transfer-on-death accounts
• Property held in a trust

A person might have a $2 million net worth but a tiny probate estate if most assets are jointly held or have beneficiary designations. Intestacy rules would only govern the probate portion.

Why a Will Still Matters

Connecticut’s intestacy scheme is a reasonable default, but it is a default. It cannot account for family dynamics, specific bequests, charitable intentions, guardianship preferences for minor children, or tax planning. A will lets you control the outcome. Without one, the state makes the decisions for you, and the result may not be what you would have chosen.

A Connecticut estate planning attorney can prepare a will that reflects your actual wishes, often at modest cost compared to the complications intestacy can create.

For how to start the probate process when there is no will, see our step-by-step probate guide. For the surviving spouse’s right to elect against a will, see the elective share.