How joint bank accounts and jointly owned property are handled when someone dies without a will in Connecticut

Short answer: In Connecticut, whether jointly held bank accounts or property pass automatically to the surviving owner depends on how the asset is titled. Accounts and real estate held as joint tenants with right of survivorship or as tenants by the entirety usually pass to the surviving owner outside probate. Assets titled only in the decedent’s name — or assets with no valid survivorship designation — pass through intestate succession and probate under Connecticut law. Creditors’ claims, account agreements, and the exact title language can affect outcomes. This is educational information and not legal advice.

Detailed answer — How the law generally works in Connecticut

1. Intestate succession and probate (when there is no will)

If a person dies without a will (intestate), their estate is distributed according to Connecticut’s intestacy rules and may require probate administration. Those rules govern only assets that are part of the decedent’s probate estate — typically assets titled solely in the decedent’s name and without beneficiary or survivorship designations. For Connecticut statute resources on probate and intestate succession, see the Connecticut General Assembly and the Connecticut Judicial Branch:

2. Joint bank accounts and payable-on-death (POD) accounts

– Joint account titled as joint tenants with right of survivorship: In most cases, a surviving joint owner becomes the sole owner automatically upon the other owner’s death. Banks typically require a death certificate and ID from the surviving owner to remove the deceased name and release funds. The account balance generally does not pass through probate.

– Account with a designated POD/transfer-on-death beneficiary: Funds pass directly to the named beneficiary when the bank processes the death certificate and beneficiary claim. These bypass probate as long as the beneficiary designation is valid.

– Joint account that is really a convenience account (one party is only an agent): If the decedent added another person only to help manage the account (sometimes called a convenience or agency account), the decedent’s estate may still claim the funds. Banks look to account agreements and how the account was set up. That can result in the account going through probate if the designation was not intended as survivorship.

3. Real property: joint tenancy and tenancy by the entirety

– Joint tenancy with right of survivorship: Real estate titled as joint tenants with right of survivorship passes automatically to the surviving joint tenant(s) when one tenant dies. Transfer is handled by recording an affidavit or death certificate and, if required, an affidavit of survivorship at the town clerk’s office.

– Tenancy by the entirety (married couples): Connecticut recognizes tenancy by the entirety. When one spouse dies, the surviving spouse typically becomes sole owner automatically. Tenancy by the entirety also provides creditor protections in many situations (creditors of one spouse often cannot reach the property while the married couple owned it).

4. When joint title does not avoid probate or disputes arise

Even where survivorship language appears, disputes can arise about intent, whether the title form was correct, or whether the decedent intended a gift. Examples that may pull assets into probate:

Conflicting documents (e.g., a will asserting different distribution vs. a joint account).
Accounts opened by mistake or fraud.
“Convenience” vs. true joint ownership questions — if a court finds the other person was only an agent, the funds may be estate property.

5. Creditors’ claims and estate liabilities

Creditors can make claims against the decedent’s probate estate through the probate process. Assets that pass by survivorship generally do not become part of probate and therefore may be shielded from some claims against the estate, but creditors can sometimes pursue surviving co-owners depending on the nature of the debt and state law. Seek counsel if a creditor claim appears.

6. Typical steps survivors should take

Obtain multiple certified copies of the death certificate from the town clerk or registrar.
Review account and deed titles carefully to determine ownership form.
Contact financial institutions and the town clerk/registrar where real property is recorded to learn filing requirements to transfer title.
If property is solely in the decedent’s name, contact the local probate court to learn whether an estate needs opening for intestacy administration.
Keep records of communications, and do not rush to withdraw or distribute funds until ownership is confirmed; unlawful removal of funds can lead to liability.

Hypothetical examples

Example 1 — Joint bank account titled “A and B, joint tenants”: A dies without a will. B brings A’s death certificate to the bank and becomes sole owner; the account typically does not go through probate.

Example 2 — Account titled “A, sole owner; B is authorized signer for convenience”: A dies intestate. Because B was only an authorized signer (not a joint owner), the account belongs to A’s estate and likely goes through probate for distribution under intestacy rules.

Example 3 — House held as tenancy by the entirety (married couple): One spouse dies. The surviving spouse becomes sole owner automatically; the property typically does not pass through probate.

Helpful hints — practical checklist for survivors

Get certified death certificates early — banks and county offices require them.
Immediately review how each major asset is titled (sole name, joint tenancy, tenancy by the entirety, POD/beneficiary).
Contact each bank or institution and ask what documentation they need to transfer or close accounts.
If you find assets solely in the decedent’s name, contact the probate court in the decedent’s county to learn about intestate estate administration.
Do not move or spend money from accounts you do not clearly own — unapproved use can create personal liability.
Watch for creditor notices; probate often includes a claims period that creditors can use to make demands on the estate.
Consider consulting a probate or estate attorney if titles are complicated, if there are significant assets, or if family disputes arise.

Where to read more

General Connecticut statutes and probate information:

Disclaimer: This article explains general Connecticut concepts about joint accounts, property ownership, and intestate succession for educational purposes only. It is not legal advice. For guidance specific to your situation, consult a licensed Connecticut attorney experienced in probate and estate matters.