Claiming Your Share of a Parent's Estate in Connecticut (Intestate) | Connecticut Probate | FastCounsel
CT Connecticut

Claiming Your Share of a Parent's Estate in Connecticut (Intestate)

What to do if a parent dies without a will in Connecticut — clear steps to claim your share

Short answer: If your mother died without a will (intestate) in Connecticut, you usually must open an estate in the local probate court for the town where she lived, establish who the heirs are, and either be appointed as the estate fiduciary (administratix/administrator) or work with the appointed fiduciary to receive your share. Some assets pass outside probate (joint accounts, life insurance, retirement accounts). The probate court and Connecticut law govern distribution. This is general information — not legal advice.

Detailed answer — how the process generally works in Connecticut

Below is a practical, step-by-step explanation of what typically happens and what you should do to claim your share under Connecticut law. Your exact steps can vary based on the size and complexity of the estate and whether there is a surviving spouse, children from other relationships, or property held jointly.

1. Identify which assets are subject to probate

  • Probate assets: assets owned solely in your mother’s name (bank accounts titled only in her name, real estate titled only to her, personal property, and other assets without named beneficiaries).
  • Non-probate assets: assets that pass automatically outside probate — for example, jointly owned property with right of survivorship, life insurance with a named beneficiary, payable-on-death bank accounts, and many retirement accounts. Those go to the named survivor or beneficiary regardless of whether there is a will.

2. Find the right probate court and open an estate if needed

  • File a probate petition in the probate court for the town where the decedent lived. The probate court will appoint an estate representative (called an administrator or administratrix when there is no will).
  • If someone else is already petitioning to be appointed, you can attend the appointment hearing and, if appropriate, object or offer yourself as a fiduciary.
  • Connecticut Probate Courts: https://www.jud.ct.gov/probate/.

3. Establish heirship under Connecticut intestacy rules

When a person dies intestate, Connecticut law determines who the heirs are (spouse, children, parents, siblings, etc.). The probate fiduciary will identify the heirs and distribute probate assets according to Connecticut intestacy rules. For official text of statutes and detailed rules, consult the Connecticut General Assembly statutes and the probate court.

Connecticut official statutes and code: https://www.cga.ct.gov/current/.

4. Documentation the probate court will request

  • Certified copy of the death certificate.
  • List of the decedent’s assets and approximate values (bank statements, deeds, titles, account statements).
  • Information about potential creditors and unpaid bills.
  • Names, addresses, and relationships of potential heirs.

5. What the administrator does and how you get your share

  • The appointed administrator collects probate assets, pays valid debts and taxes, resolves claims, and then distributes remaining assets to heirs per intestacy rules.
  • If you are the administrator, you will be responsible for carrying out these duties and for ensuring distributions are made according to law and court orders.
  • If someone else is administrator, you should provide documentation proving your relationship and identity; the administrator will distribute your share to you once debts and procedures are complete.

6. Small-estate procedures and alternatives

Connecticut provides simplified procedures for smaller estates and certain limited transfers (for example, short forms or affidavits to collect personal property or bank accounts when the estate value is under a statutory threshold). The exact thresholds and forms can change, so check with the probate court for up-to-date procedures and forms.

7. Timing, creditors, and costs

  • Probate can take months. The administrator must give notice to creditors and allow time for claims to be filed before distributing assets.
  • Probate fees and the fiduciary’s bond (if required) and any attorney fees will reduce the estate before distribution.

8. When you may not need probate

  • Assets that pass by beneficiary designation or joint ownership typically do not require probate and will pass directly to the named beneficiary or joint owner.
  • If the only asset is a small bank account and it has a payable-on-death designation or joint owner, that may avoid probate entirely.

9. Common disputes and how to protect your claim

  • If siblings or a spouse disagree about who should be administrator or about distributions, raise concerns promptly in probate court. The court resolves disputes and oversees administration.
  • Document communications, preserve financial records, and do not accept informal distributions without a court order or agreement signed by all heirs and the fiduciary.

Helpful hints — quick checklist to prepare and claim your share

  • Locate a certified death certificate early (the probate court and banks will request it).
  • Gather basic documents: your mother’s will search (confirm there is none), deeds, account statements, insurance policies, and beneficiary designations.
  • Contact the probate court in the town where your mother lived for forms and local procedures: https://www.jud.ct.gov/probate/.
  • Ask the probate court whether a simplified or small-estate procedure applies to avoid full administration.
  • Do not transfer or spend estate assets until the probate process is underway or the court authorizes distribution.
  • Check whether any asset already names a beneficiary (life insurance, retirement accounts)—those pass outside probate and you must contact the plan or insurer directly.
  • Keep records of funeral costs and claims you pay on behalf of the estate; those may be reimbursable from estate assets.
  • If there are disputes, consult an attorney experienced in Connecticut probate and intestacy law promptly — issues can be time-sensitive.

Disclaimer: This article explains general Connecticut procedures and common steps for claiming a share of an intestate estate. It is educational information only and not legal advice. For advice about your specific situation, contact a licensed attorney or the local probate court.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.