Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Detailed Answer
Under Connecticut law, a surviving spouse can claim a family allowance and, in certain cases, an elective share from the deceased spouse’s estate. See Conn. Gen. Stat. §45a-94 and Conn. Gen. Stat. §45a-436. These claims depend on proving the validity of the marriage.
If the marriage certificate is missing or incomplete, the probate court may lack primary evidence of the marriage. In that case, the court permits secondary evidence under Conn. Gen. Stat. §45a-109. Examples include:
- Affidavits from the officiant, family members, or witnesses.
- Church or synagogue marriage records.
- Federal or state income tax returns listing filing status as married.
- Joint bank or insurance documents showing spousal relationship.
To correct or replace a certificate, request a certified copy from the Connecticut Department of Public Health, Vital Records at portal.ct.gov DPH Marriage Certificates. The procedures appear in Conn. Gen. Stat. §7-48 and Conn. Gen. Stat. §7-49.
Steps to preserve the surviving spouse’s claim:
- File a family allowance petition within 30 days of the personal representative’s appointment. See §45a-94.
- File an elective share claim within four months after the estate is opened. See §45a-436.
- If the certificate is defective, petition the probate court to admit secondary evidence under §45a-109.
- Collect alternative proof: affidavits, records, and shared legal documents.
- Consider legal counsel if the estate’s fiduciaries or heirs dispute your claim.
Helpful Hints
- Keep copies of any provisional marriage documents or licenses.
- Secure affidavits promptly from the person who performed the ceremony.
- Check municipal clerk archives where the marriage license was filed.
- Monitor probate court deadlines closely; missing them can forfeit your claim.
- Seek legal advice early if proof of marriage is contested.