How Does Intestate Succession Work in CT When a Person Dies Without a Spouse and with Three Children? | Connecticut Probate | FastCounsel
CT Connecticut

How Does Intestate Succession Work in CT When a Person Dies Without a Spouse and with Three Children?

Detailed Answer

When a person dies intestate in Connecticut (without a valid will), state law determines how the estate distributes. In a scenario where the decedent leaves no surviving spouse but has three children, all assets pass to those children equally.

Statutory Framework

Connecticut’s probate code outlines definitions and priority rules:
Conn. Gen. Stat. §45a-436 (Definitions of “issue,” “descendant,” etc.)
Conn. Gen. Stat. §45a-448 (Distribution when no surviving spouse)

How Children Inherit

Under §45a-448, if the decedent leaves no spouse or parents, the entire estate goes to the children. Connecticut follows a per stirpes approach. When all three children survive, they each receive one-third of the net estate.

Example: A $120,000 net estate yields $40,000 per child.

Predeceased Child with Descendants

If one child dies before the decedent but leaves children (the decedent’s grandchildren), those grandchildren inherit their parent’s share equally.

Probate Court Process

To administer the estate, an interested person files an application in the Probate Court where the decedent lived. The court:

  • Collects and values assets.
  • Notifies heirs and creditors.
  • Settles outstanding debts and taxes.
  • Approves distribution to heirs.

Helpful Hints

  • Gather bank statements, deeds, titles and life‐insurance policies.
  • Identify and locate all potential heirs early to prevent delays.
  • Use the Probate Court’s website for required forms and filing instructions.
  • Check for any outstanding debts that must be paid before distribution.
  • Keep copies of all filings and court orders.

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a qualified attorney or the Probate Court for guidance on your specific situation.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.