How Do I Determine Who the Intestate Heirs Are of My Father’s Estate? – CT | Connecticut Probate | FastCounsel
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How Do I Determine Who the Intestate Heirs Are of My Father’s Estate? – CT

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer: Identifying Intestate Heirs in Connecticut

When a person dies without a valid will (intestate) in Connecticut, state law under Conn. Gen. Stat. §45a-436 governs who inherits the estate. To determine your father’s heirs:

  1. Confirm Intestacy: Verify there is no valid will or codicil. Contact the probate court in the district where your father lived to check for filed estate documents.
  2. Understand the Heirship Order: Conn. Gen. Stat. §45a-436 (https://www.cga.ct.gov/current/pub/chap_903.htm#sec_45a-436) establishes this priority:
    • Spouse and Issue: The surviving spouse and the decedent’s children (and their descendants).
    • Issue Only: If no spouse survives, children inherit equally.
    • Parents: If no spouse or children, the estate passes to surviving parents.
    • Siblings and Their Issue: Next in line are brothers and sisters, then nieces and nephews.
    • Grandparents: If no closer relatives survive.
    • More Remote Relatives: As specified further in the statute.
  3. Gather Vital Records: Collect birth, marriage, and death certificates. These documents establish family relationships and living status.
  4. Create a Pedigree Chart: Map out all potential heirs—spouse, children, grandchildren, parents, siblings, nieces/nephews, and grandparents.
  5. Consult the Probate Court: File an Application for Appointment of Fiduciary and request the Heirship Determination Form (Form PC-45) from the probate court in your father’s district.
  6. Submit Documentation: Provide the court with your pedigree chart and copies of vital records. The probate judge or court clerk will review and confirm the legal heirs.

After the court issues a decree naming the heirs, you can proceed with estate administration under Connecticut law. For details on distribution percentages, refer to Conn. Gen. Stat. §45a-437 (https://www.cga.ct.gov/current/pub/chap_903.htm#sec_45a-437).

Helpful Hints

  • Start early: Vital record requests may take weeks to process.
  • Include adopted and half-siblings: Connecticut law generally treats adopted children the same as biological.
  • Use online databases: Connecticut’s Vital Records Office and probate court websites offer searchable resources.
  • Consider genealogical assistance if the family tree is complex.
  • Consult an estate attorney if disputes or challenges arise among heirs.

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.