Detailed Answer: Connecticut Intestacy Rules if No Valid Will Exists
In Connecticut, when a person dies without a valid will, state intestacy statutes govern asset distribution. Intestate distribution appears in C.G.S. §45a-436 and the following sections. The probate court identifies heirs by priority, then distributes the estate according to their relationship to the decedent.
First, the court pays valid debts and expenses. Then it applies the following hierarchy:
- Surviving spouse alone if no descendants or parents. (C.G.S. §45a-436(a))
- Surviving spouse plus descendants if all descendants descend from the surviving spouse. Spouse receives the first $100,000 plus half of the remainder; descendants share the rest. (C.G.S. §45a-436(b))
- Surviving spouse plus descendants from other relationships. Spouse receives half of the net estate; descendants share the rest. (C.G.S. §45a-436(c))
- No spouse or descendants but parents: estate passes to parents equally. (C.G.S. §45a-437)
- No spouse, descendants, or parents: estate passes to siblings and their descendants. (C.G.S. §45a-437)
- No siblings: estate passes to grandparents, then to aunts/uncles, etc. (C.G.S. §45a-439–45a-442)
- No relatives identified: estate escheats to the state. (C.G.S. §45a-443)
The probate court appoints an administrator to manage this process. The administrator gathers assets, notifies creditors and heirs, pays debts, and distributes remaining assets. Interested parties may petition the court if disputes arise.
Several factors can complicate intestacy, including blended families, adopted or non-traditional relationships, and community property issues if out-of-state assets exist. Consult local statutes and probate rules for detailed procedures.
Disclaimer: This article provides general information on Connecticut intestacy law. It does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Gather a family tree: Identify potential heirs by reviewing birth, marriage, and death records.
- Check for creditor claims early: Notify known creditors to avoid delays.
- File probate promptly: Start the administration process in the probate court of the decedent’s last residence.
- Understand administrator duties: Executors follow legal procedures; failing to comply can lead to personal liability.
- Consider mediation: Resolve disputes among heirs faster through mediation than litigation.
- Review beneficiary designations: Intestate rules ignore non-probate transfers like life insurance or retirement accounts.