Connecticut Estate Planning for Parents: Guardianship, Trusts, and What Happens Without a Will

If you are a parent in Connecticut without an estate plan, the state has a default plan for your children. You will not like it.

Under Connecticut intestacy law, if both parents die without a will, the probate court appoints a guardian for your minor children. That guardian might be your sister. It might be your estranged in-law. The court decides based on "best interest of the child" — not your preferences, because you never stated them.

Naming a Guardian in Your Connecticut Will

A guardianship nomination in your will is the only legal way to tell the court who should raise your children. Without it, any interested party can petition the probate court for guardianship, and family disputes over custody are common — and expensive.

Connecticut requires your will to be signed before two adult witnesses. Neither witness can be a beneficiary named in the will. Add a self-proving affidavit (Form PC-210) so the will can be admitted to probate without requiring your witnesses to testify in person.

Name a backup guardian. If your first choice is unable or unwilling to serve, the court goes back to its own discretion. A named alternate keeps control in your hands.

Coordinate with the other parent. If you and your co-parent are not married, each of you needs a separate will with guardianship nominations. Connecticut's intestacy rules give the surviving biological parent priority, but if both parents die simultaneously, only a will controls who steps in.

What Intestacy Means for Your Children's Inheritance

Connecticut's intestacy distribution for families with a surviving spouse and children creates results most parents do not expect:

• Spouse + children who are all from this marriage: Surviving spouse gets the first $100,000 plus half of everything else. Children split the remainder.
• Spouse + children from a previous relationship: Surviving spouse gets only half. The other half goes immediately to the biological children.
• No surviving spouse: Everything goes to the children in equal shares, outright, at age 18.

That last scenario is the most dangerous for parents. An 18-year-old receiving a lump sum inheritance — with no structure, no oversight, and no conditions — rarely handles it well.

Custodial Trusts and Structured Inheritance

A testamentary trust written into your will lets you control when and how your children receive their inheritance. You can specify distributions at ages 25 and 30 instead of dumping everything at 18. You name a trustee to manage the funds and make distributions for your children's health, education, and support.

For families in Connecticut, a trust inside your will is often more practical than a standalone revocable living trust. Why? Because Connecticut calculates probate fees on the gross estate regardless — even assets in a living trust count toward the fee basis under C.G.S. § 45a-107. So you do not save on probate fees by using a trust, and a testamentary trust is simpler to set up.

The Life Insurance Beneficiary Problem

Most young parents carry life insurance as their primary financial safety net. But the beneficiary designation on your policy operates completely outside your will. If you named your spouse as beneficiary and they die with you, the proceeds go to your estate — and from there, to your minor children outright at 18.

The fix is naming your testamentary trust as the contingent beneficiary. That way, if your spouse is gone, the insurance proceeds flow into the trust you structured for your children rather than into an uncontrolled lump sum.

The Documents Parents Need First

The priority order for parents with young children:

1. Will with guardianship nomination — this is the single most important document for parents
2. Durable financial POA — two witnesses plus notary required in Connecticut
3. Advance health care directive — who makes medical decisions for you if you cannot
4. Beneficiary designation audit — make sure insurance and retirement accounts align with your will
5. Letter of intent — a non-binding document explaining your parenting wishes, values, and practical details (pediatrician, school preferences, allergies) for whoever steps into the guardian role

The Connecticut Basic Estate Planning Kit includes guardianship nomination guidance, a beneficiary audit worksheet, and every CT-specific execution instruction you need to complete these documents correctly.

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