What Happens If You Die Without a Will in Connecticut?

How intestacy works in Connecticut

When someone dies in Connecticut without a valid will, Conn. Gen. Stat. §45a-437 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.

Connecticut is a common-law (separate property) state, so there is no community-property split; the shares above apply to the whole estate.

What happens when there’s a surviving spouse only (no children, no parents)

Spouse inherits the entire intestate estate.

What happens when there’s a surviving spouse and children

This is the most common situation and where Connecticut’s rules get specific:

If all of the surviving children are also children of the surviving spouse, the spouse takes the first $100,000 plus one-half of the balance, and the children take the remainder equally (a deceased child's share passing to that child's issue). If one or more of the children are not the surviving spouse's, the spouse takes one-half of the estate and the children take the other half.

For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.

What happens when there’s a surviving spouse and parents (no children)

No children but a parent survives: spouse takes the first $100,000 plus three-fourths of the balance; the parents take the remainder.

What happens when there are children but no spouse

Entire estate to the children equally, including children born after death; a deceased child's share passes to that child's descendants by representation (Conn. Gen. Stat. §45a-438).

What happens when there’s no spouse and no children

Order of inheritance (Conn. Gen. Stat. §45a-439): parents → brothers and sisters and their representatives → next of kin in equal degree → ultimately escheat to the State of Connecticut.

This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.

A Connecticut-specific quirk

Connecticut departs from the full Uniform Probate Code: even when every child is shared with the surviving spouse, the spouse does NOT inherit the entire estate — the spouse is capped at the first $100,000 plus half the balance, and the children always share the rest. The $100,000 figure is fixed by statute and is not inflation-adjusted.

What intestacy can’t do (and why it usually fails most people)

Even when Connecticut’s intestacy rules produce a result close to what someone would have chosen, the rules can never:

• Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
• Leave anything to a step-child you didn’t formally adopt
• Leave anything to a friend, charity, or specific person outside your family
• Name a guardian for your minor children — a Connecticut judge picks
• Specify who handles your estate — a court appoints an administrator
• Identify specific items for specific people
• Account for blended-family dynamics in nuanced ways
• Reduce probate costs and time — intestate estates still go through full probate

For most Connecticut families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.

What probate looks like in Connecticut when there’s no will

If someone dies intestate in Connecticut, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:

1. Inventory the estate’s assets
2. Notify creditors and pay debts
3. Identify legal heirs under Connecticut’s intestacy statute
4. Distribute remaining assets to heirs according to the statute

For details on what probate costs and how long it takes in Connecticut, see:

• How Much Does Probate Cost in Connecticut?
• How Long Does Probate Take in Connecticut?
• How to Avoid Probate in Connecticut

What to do this week if you don’t have a will

The most useful single move for any Connecticut adult without a will:

1. Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
2. Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
3. Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.

For a Connecticut family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.

Related reading

• Do I Need a Will? — the honest decision
• How to Write a Will (and What Makes It Valid)
• What Is Probate?
• How to Avoid Probate
• Estate Planning Checklist
• Beneficiary Designations
• Power of Attorney Explained

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This page explains Connecticut intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Connecticut attorney before relying on this page. Sources: Conn. Gen. Stat. §45a-437 (distribution to spouse), Conn. Gen. Stat. §45a-438 (distribution to children/descendants), Conn. Gen. Stat. §45a-439 (distribution when no children).