Detailed Answer
Under Connecticut law, if someone dies without a valid will, their estate passes by intestacy under the Connecticut Uniform Probate Code, Chapter 925 of the Connecticut General Statutes. The surviving spouse’s share depends on the existence of other heirs.
Intestate Share of a Surviving Spouse
- If the decedent has no surviving descendants or parents, the spouse inherits the entire estate.
- If the decedent leaves descendants and all are also descendants of the surviving spouse, the spouse takes the first $100,000 plus one-half of the balance. (C.G.S. §45a-444(a)(2) link.)
- If the decedent leaves descendants one or more of whom are not descendants of the surviving spouse, the spouse takes the first $75,000 plus one-half of the balance. (C.G.S. §45a-444(a)(3) link.)
Connecticut abolished dower and curtesy in 1983, and it does not offer a statutory election to convert your intestate share into a life estate in the decedent’s real property. That means you cannot choose to take a lifetime interest in the home in lieu of your intestate share.
Other Statutory Protections
- Homestead Allowance: You may apply for a homestead allowance (up to $30,000 in equity in the principal residence used as a family home) for up to 180 days of occupancy. (C.G.S. §45a-436 link.)
- Family Allowance: You may petition for a family allowance paid from estate assets for reasonable support during probate. (C.G.S. §45a-437 link.)
- Exempt Property: You can claim up to $15,000 in personal property exempt from creditors. (C.G.S. §52-352b link.)
- Will Election: If the decedent left a will, a surviving spouse may renounce the will and opt for the statutory share instead of the gift under the will. (C.G.S. §45a-436a link.)
Because Connecticut law does not recognize a dower or curtesy life estate, there is no mechanism to elect a life estate in the real property instead of receiving your statutory intestate share.
Helpful Hints
- Review C.G.S. §45a-444 carefully to calculate your exact intestate share.
- File for homestead and family allowances early in probate to secure occupancy and support.
- Consider consulting a probate attorney to explore estate planning options that offer more flexibility, such as trusts.
- If you face disagreements with other heirs, seek mediation to avoid delays in estate administration.
- Keep records of all estate filings and communications with the probate court.
Disclaimer: This article provides general information and does not constitute legal advice. Consult a qualified attorney about your specific situation.