Connecticut Probate Without a Will: Who Inherits and What Happens Next

When someone dies without a will in Connecticut, their estate is described as "intestate." The probate court does not freeze the estate or treat it as abandoned — instead, Connecticut law takes over and determines who inherits based on a fixed set of rules called intestate succession.

The process for administering an intestate estate is substantively the same as probate with a will. The key differences are in who runs it, who inherits, and how the court handles the appointment when there is no executor named.

Who Inherits When There Is No Will?

Connecticut's intestate succession law (C.G.S. Title 45a) distributes assets based on the decedent's surviving family members. The distribution rules are specific:

If there is a surviving spouse and no children from outside that marriage: The surviving spouse inherits the entire estate.

If there is a surviving spouse and children who are also children of that spouse:

• The surviving spouse receives the first $100,000 of the estate, plus 50% of the remainder
• The children share the other 50% equally

If there is a surviving spouse and children from a prior relationship:

• The surviving spouse receives 50% of the estate
• The children from the prior relationship share the other 50%

If there is no surviving spouse: The children inherit the estate equally. If any child has predeceased the decedent but left their own children (the decedent's grandchildren), those grandchildren step into the deceased child's share.

If there are no children and no surviving spouse: The estate passes to parents, then to siblings, then to more distant relatives, following Connecticut's statutory priority list.

If no relatives can be found: The estate escheats to the State of Connecticut.

These rules apply only to probate assets — solely owned property without a beneficiary designation. A $500,000 IRA with a named beneficiary passes directly to that beneficiary regardless of who Connecticut's intestate rules say should inherit.

What Changes When There Is No Will?

No executor. A will names an executor. Without one, the court appoints an "Administrator." Connecticut law sets a priority order for who the court will consider: the surviving spouse has first priority, followed by adult children, followed by other next of kin. The court can deviate from this list if the prioritized person is unable or unwilling to serve.

No guidance on the estate's wishes. A will can name specific beneficiaries for specific assets, create trusts for minor children, or waive the bond requirement. Without a will, none of that guidance exists. The court applies the statutory default rules, which may not reflect what the decedent actually wanted.

Bond is more likely required. Without a testamentary waiver, the Probate Court routinely requires the Administrator to post a commercial surety bond. Bond premiums typically run 0.5% to 1.0% of the estate's value annually — an ongoing expense that reduces what heirs ultimately receive.

Blended families face complications. Connecticut's intestate rules draw clean distinctions between children from the marriage and children from other relationships when allocating the surviving spouse's share. If the family structure is complex — stepchildren, adoptees, children from multiple relationships — the statutory outcome may generate family conflict that a well-drafted will could have prevented.

How to Open Administration for an Intestate Estate

The process begins with Form PC-200 (Petition for Administration or Probate of Will). Despite the form name, PC-200 is used whether or not there is a will — you simply indicate that the decedent died intestate and request appointment as Administrator rather than Executor.

Required documents:

• Completed PC-200 and PC-200CI (confidential information form)
• Certified death certificate
• No will to file (if a will exists but is contested, that is a different and more complex proceeding)

After reviewing the petition, the Probate Court issues a Decree Granting Administration and provides you with Fiduciary Certificates — the document that proves your legal authority to act on behalf of the estate.

DAS notification is automatic. The court's eFiling system notifies the Department of Administrative Services when any estate petition is filed, triggering a review period of up to 90 days for potential Medicaid recovery claims. Even in an intestate estate, you cannot safely distribute assets during this window.

The Rest of the Process Is Identical to Probate With a Will

After appointment, an Administrator has the same duties as an Executor:

• File the Inventory (Form PC-440) within two months of appointment
• Manage the creditor notification and 150-day claims window
• File the CT-706 NT with the Probate Court within six months of death (required even for non-taxable estates)
• Pay the probate fee within 30 days of the court's invoice
• File the Return of Claims (Form PC-237)
• Prepare the Final Administration Account (Form PC-241/242)
• Execute asset transfers in accordance with Connecticut's intestate rules
• File the Affidavit of Closing

The forms are the same. The deadlines are the same. The 0.5% monthly penalty for missing the CT-706 NT deadline applies the same way.

What About Assets That Pass Outside of Probate?

Many assets bypass intestate succession entirely, regardless of who Connecticut's rules say should inherit:

• Jointly held accounts with right of survivorship — pass to the surviving account holder
• Life insurance with named beneficiaries — paid directly to the beneficiary
• Retirement accounts (IRA, 401k) with named beneficiaries — pass directly
• Transfer-on-death (TOD) investment accounts — pass directly
• Assets in a living trust — distributed according to the trust's terms

The intestate succession rules only govern the probate estate — assets held solely in the decedent's name without a surviving owner or beneficiary designation. For many people, this is a smaller slice of the total estate than expected.

When Intestate Estates Get Complicated

Simple intestate estates — surviving spouse inherits everything, no real estate disputes, no creditor complications — can be administered relatively smoothly. But several situations create significant additional complexity:

Minor children as heirs: Connecticut does not allow minor children to receive inherited property directly. A guardian of the estate must be appointed, or a trust must be established for the child's benefit. This requires additional court proceedings.

Disputes among heirs: Without a will expressing the decedent's wishes, disagreements about the distribution of personal property, valuation of assets, or the Administrator's decisions can escalate into costly family litigation.

Surviving spouse disputes: If the decedent left children from a prior relationship, the statutory split between the spouse and children may not reflect what anyone expected, leading to conflict.

Significant Medicaid history: If the decedent received substantial long-term care funded by Connecticut Medicaid, the DAS recovery claim may consume a significant portion of a modest estate before anything reaches heirs.

For Families in Similar Situations Outside the US

Dying without a will creates similar complications in other common-law jurisdictions. In England and Wales, intestacy rules under the Administration of Estates Act 1925 (as amended) give the surviving spouse the first £322,000 plus half the remainder, with children sharing the other half — a closer parallel to Connecticut's approach. In Canada, the rules vary by province: Ontario's Succession Law Reform Act gives the first $350,000 to the surviving spouse before children share. Australian states generally give the entire estate to the surviving spouse when children are shared. New Zealand's Family Protection Act adds elective rights for dependants on top of the intestacy rules.

In all jurisdictions, the absence of a will creates complexity. The administrative burden falls on family members who must navigate unfamiliar legal systems under grief.

If you are currently administering a Connecticut intestate estate, the Connecticut Probate Process Guide covers both the standard probate process and the intestate-specific considerations — including how to handle the Administrator appointment, DAS review, and creditor process when there is no will to provide guidance.

See more Connecticut guides →