Connecticut Intestate Succession: Who Inherits When There Is No Will

When someone dies in Connecticut without a valid will, the estate does not go to the state. It passes to the decedent's relatives according to a fixed statutory order called intestate succession. Connecticut law specifies exactly who inherits, in what sequence, and in what proportions. The rules may or may not match what the deceased person would have wanted.

If you are settling an estate where no will exists, this article explains how Connecticut distributes assets, what a surviving spouse is entitled to, how children's shares work, and what happens when the family structure is more complicated.

The Starting Point: What Passes Through Intestate Succession

Intestate succession only governs assets that would otherwise be controlled by a will — that is, solely owned property with no other legal mechanism directing its transfer. Assets that pass outside of the will process do so regardless of whether a will exists:

• Joint tenancy accounts and jointly owned real estate pass directly to the surviving co-owner
• Payable-on-death and transfer-on-death accounts pass to named beneficiaries
• Life insurance proceeds go to named policy beneficiaries
• Retirement accounts (IRAs, 401(k)s) go to named beneficiaries

Intestate succession determines what happens to everything else — bank accounts in the decedent's name alone, real estate owned solely by the decedent, personal property, vehicles, and other solely owned assets.

The Connecticut Intestate Succession Order

Connecticut's intestate succession rules are governed by the Connecticut General Statutes, primarily CGS § 45a-437 and related sections. The distribution depends on who survives the decedent.

When There Is a Surviving Spouse and Children

Connecticut's treatment of the surviving spouse in an intestate estate depends on whether the surviving children are also the children of the surviving spouse.

Surviving spouse and children who are all children of both the decedent and the surviving spouse: The surviving spouse inherits the first $100,000 of the estate plus one-half of the remaining balance. The children split the other half equally.

Surviving spouse and children where at least one child is not also the surviving spouse's child (e.g., children from a prior relationship): The surviving spouse inherits one-half of the estate. The children split the other half equally.

This distinction matters because blended families are common and the presence of stepchildren or children from prior marriages significantly changes what the surviving spouse receives.

When There Is a Surviving Spouse and No Children

If the decedent is survived by a spouse but no children or other descendants, the surviving spouse inherits the entire estate.

When There Are Children but No Surviving Spouse

All children inherit in equal shares. If a child predeceased the decedent but left descendants (grandchildren), those grandchildren collectively inherit the share that would have gone to their parent, divided equally among them. This is called per stirpes distribution.

When There Is No Surviving Spouse and No Children

The estate passes up the family line in this order:

1. Parents of the decedent (equally, or to the surviving parent if one has already died)
2. If no parents survive: siblings of the decedent, in equal shares (with descendants of a deceased sibling stepping into that sibling's share)
3. If no siblings or their descendants survive: grandparents
4. If no grandparents survive: aunts and uncles, then their descendants
5. If no family members can be identified within the statutory search: the estate escheats to the State of Connecticut

Connecticut courts do not lightly allow estates to escheat. They require a reasonable genealogical search to locate heirs before concluding that none exist.

The Spousal Elective Share: A Different Right for Testate Estates

Intestate succession is distinct from the spousal elective share, which applies when a will exists but disinherits the surviving spouse. If a spouse dies with a will that leaves nothing — or very little — to the surviving spouse, Connecticut law under CGS § 45a-436 gives the surviving spouse the right to reject the will and claim a statutory share.

The Connecticut statutory share is not a simple percentage of the estate in outright ownership. It is a life estate in one-third of all property passing under the will, after debts and charges are paid. The surviving spouse receives the net income from that one-third for the rest of their life, but does not gain outright ownership of the underlying assets. The executor must establish a trust structure to hold this one-third interest.

Alternatively, the executor and the surviving spouse can negotiate a buyout — a lump sum payment calculated based on the present value of the expected income stream, using actuarial tables approved by the state. The surviving spouse must file written notice of their intention to elect the statutory share within 150 days of the mailing of the decree admitting the will to probate.

One limitation: a surviving spouse who abandoned the decedent without sufficient cause, and maintained that abandonment until the time of death, is barred under CGS § 45a-436(g) from claiming either an intestate share or the elective statutory share.

Family Support Allowance During Administration

Whether an estate is intestate or testate, Connecticut allows the probate court to authorize a support allowance for a surviving spouse and dependent children during the administration process. This matters because estate assets are often frozen during the creditor claims period — a period that lasts at least 150 days after the creditor notice is published — and the family may have immediate living expenses that cannot wait.

The fiduciary or the surviving spouse can petition for this allowance using Form PC-202 (Petition/Support Allowance). The court evaluates the estate's condition and the family's standard of living when setting the amount. If the requested allowance exceeds $1,000 per month, the petition must include an itemized estimate of monthly expenses and a summary of the petitioner's income from outside the estate.

Opening Probate When There Is No Will

When there is no will, the process of settling the estate is called intestate administration. The person applying to administer the estate — typically a surviving spouse, adult child, or other close relative — files a Petition for Administration (Form PC-200) with the probate court district in the municipality where the decedent was domiciled.

The probate court appoints an administrator, rather than an executor (that term applies when there's a will). Connecticut's 54 probate districts each correspond to specific municipalities, and the petition must be filed in the correct one. There is no county courthouse to find — Connecticut abolished county government. You identify the right court through the probate court administrator's website at ctprobate.gov.

The administrator has the same duties as an executor: gathering assets, filing the inventory, notifying creditors, paying valid claims, filing the CT-706 NT estate tax return, and ultimately distributing what remains to the heirs in the proportions dictated by the intestate succession rules. The administration timeline and probate fee structure are identical regardless of whether a will exists.

When Intestate Administration Becomes Complicated

Intestate estates tend to generate more family conflict than testate ones, because there is no document expressing what the deceased person wanted. Common complications include:

Disagreements about who should serve as administrator. When multiple family members want the role, the probate court resolves competing petitions. Connecticut statutes set a priority order for who has preference, but contested appointments can delay opening the estate.

Blended family disputes. When stepchildren are involved, the distinction between children of both spouses and children of only one spouse changes the surviving spouse's share significantly. Family members may disagree about whether a particular child qualifies.

Undocumented relationships. A child born outside of marriage can inherit from their parent under Connecticut intestate succession, but documentation of the relationship may be required by the probate court.

State agency claims. If the decedent received Medicaid or state assistance through the Department of Social Services, the Department of Administrative Services holds a priority claim against the estate under CGS § 17b-95. This lien must be cleared before distributing anything to heirs, regardless of whether a will exists.

Settling an intestate estate in Connecticut involves the same probate process, the same court deadlines, and the same CT-706 NT filing requirement as any other estate. The Connecticut Estate Settlement Guide covers the full administration process — from petitioning the court and filing the inventory to clearing the estate tax lien and making final distributions.

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