Connecticut Intestacy Laws: Exactly Who Gets What When There Is No Will

If you die without a will in Connecticut, the state decides who inherits your assets — and the formula rarely matches what families assume. The surviving spouse does not automatically get everything. Stepchildren inherit nothing. And Connecticut's status as a common-law property state means only assets titled in the decedent's name pass through these rules.

The Connecticut Intestate Distribution Formula

Under C.G.S. Section 45a-437, the probate court distributes intestate estates according to a strict statutory hierarchy. The formula changes based on which relatives survive you:

Spouse only (no children, no living parents): Spouse inherits 100% of the intestate estate.

Spouse and living parents (no children): Spouse receives the first $100,000 plus 75% of the remaining balance. Living parents split the remaining 25%.

Spouse and children (all children are also children of the surviving spouse): Spouse receives the first $100,000 plus 50% of the remaining balance. Children split the remaining 50% equally.

Spouse and children (at least one child is NOT the spouse's biological child): Spouse receives 50% of the total intestate estate. Children split the other 50% equally. There is no $100,000 priority amount in this scenario.

Children only (no surviving spouse): Children inherit 100% equally.

Parents only (no spouse, no children): Living parents inherit 100% equally.

Siblings only (no spouse, children, or parents): Siblings inherit 100% equally.

Stepchildren only (no blood relatives or spouse): Stepchildren inherit 100% only if there are absolutely no other identifiable heirs.

No identifiable heirs: The estate escheats to the State of Connecticut.

Why the Blended Family Formula Matters

The critical distinction is between families where all children are shared versus families with at least one child from a prior relationship. In a blended family, the surviving spouse loses the $100,000 priority amount entirely and drops to a flat 50% share.

For a $500,000 estate with shared children, the spouse receives $100,000 + $200,000 = $300,000. But in a blended family with the same estate, the spouse receives only $250,000.

That $50,000 difference grows with estate size — and in many cases, the children's biological mother or father (the ex-spouse) effectively controls the minor children's share as guardian.

What Counts as an "Intestate Estate"

Connecticut intestacy rules only apply to probate assets — those titled solely in the decedent's name with no beneficiary designation. Assets that bypass these rules entirely include:

• Joint tenancy property (passes to surviving co-owner)
• Accounts with beneficiary designations (life insurance, IRAs, 401(k)s, POD bank accounts)
• Property held in a trust
• Transfer-on-death deeds (effective October 2026 in Connecticut)

This is particularly important because Connecticut is a common-law property state. Unlike community property states where marriage creates automatic 50/50 ownership, Connecticut gives sole ownership to whoever holds the title. A home titled only in one spouse's name — with no joint tenancy — passes through intestacy to be split according to the formulas above.

The Elective Share Safety Net

Connecticut provides one protection against complete disinheritance: the spousal elective share under C.G.S. Section 45a-436. A surviving spouse can claim a life estate in one-third of the decedent's net probate estate, regardless of what the will says.

This right exists whether there is a will or not. In intestacy, the statutory formulas already provide the spouse with at least 50%, so the elective share is more relevant when a will attempts to leave the spouse less than one-third.

Stepchildren and Unmarried Partners: Zero by Default

Two groups receive nothing under Connecticut intestacy:

• Stepchildren inherit only if there are literally no other heirs (no spouse, no biological children, no parents, no siblings, no nieces/nephews). In practice, this means never.
• Unmarried partners have no inheritance rights whatsoever, regardless of the length of the relationship or cohabitation.

The only way to provide for either group is through a valid will, trust, or beneficiary designation.

Why This Matters for Estate Planning

Connecticut's intestacy formula is the default plan the state imposes when you fail to create your own. For most families, the statutory distribution does not match their actual wishes — particularly for blended families, unmarried couples, and anyone who wants to provide for stepchildren.

The Connecticut Estate Planning Kit includes an intestacy calculator showing exactly how your estate would be distributed under current law, plus a property transfer matrix that identifies which assets pass through probate and which bypass it entirely.

See more Connecticut guides →