Detailed Answer

Disclaimer: This is educational information only and not legal advice. If you need legal advice about a specific estate, contact a licensed Connecticut probate attorney or your local probate court.

How Connecticut treats a will that was not properly signed

Under Connecticut law, a valid (attested) will generally must be signed by the person making the will (the testator) and witnessed by two competent witnesses who sign in the testator’s presence. See the Connecticut General Statutes, Chapter on Wills: Conn. Gen. Stat., Chapter 112 (Wills). If a document that appears to be a will was not executed according to those formalities, the probate court may decline to admit it to probate as a valid will.

Typical consequences when a will is treated as invalid

Refusal to admit the will: The probate court may refuse to admit the document to probate because it does not meet statutory execution requirements.
Estate treated as intestate: If no other valid will exists, the estate will be distributed under Connecticut’s intestacy rules (property passes to survivors according to state law rather than according to the unsigned document).
Executor vs. administrator: A person named as executor in an invalid will will not receive official appointment as executor. Instead, the court will appoint an administrator (often a close family member) to manage and distribute the estate according to intestacy rules.
Creditors and claims: Creditors still have the same rights to present claims against the estate regardless of whether a will is valid. The administrator must handle creditor claims and pay valid debts before distribution.
Possible disputes between heirs: Because intestacy can shift who inherits and in what shares, family members may dispute distributions, raising contested probate proceedings or settlement negotiations.

Hypothetical example

Imagine Ana left a typed document naming friends and charities to receive her house and bank accounts, but the document lacks her signature and no witnesses signed. When Ana dies, someone files that document with the Connecticut probate court. The court reviews the document and, because it lacks the required signatures, it likely will not be admitted as a valid will. If no other valid will exists, Ana’s assets will pass under Connecticut’s intestacy rules and the court will appoint an administrator to handle the estate.

Possible paths to challenge or fix the situation

Even if a will appears invalid, there may be limited ways to try to preserve the testator’s intentions. Options depend on the facts and Connecticut law or case law:

Show compliance or substantial compliance: If witnesses exist who can testify that the document was in fact signed in the required manner, you can ask the court to admit proof. Gather any testimony, contemporaneous notes, photos, or other evidence supporting proper execution.
Argue equitable doctrines or case law: Some jurisdictions allow admission of improperly executed wills under doctrines like ‘‘harmless error’’ or by showing clear and convincing evidence of testamentary intent. Whether and how Connecticut applies such doctrines can depend on recent statutes and cases. Consult an attorney for current Connecticut authority.
Settlement among heirs: Heirs may agree by settlement to distribute estate assets in a way that follows the decedent’s likely wishes, avoiding protracted litigation.
If the testator is still alive: The simplest fix is for the testator to re-execute the will properly with the required signatures and witnesses.

Practical next steps if you encounter this situation

Preserve the original document and any drafts, notes, or related communications (emails, text messages) that show the testator’s intent.
Talk with anyone who was present when the document was created or who discussed the testator’s plans—witness testimony can be crucial.
Contact the local probate court for procedural information. Connecticut Probate Courts: https://www.ctprobate.gov.
Consult a Connecticut probate attorney promptly. Probate has strict deadlines for notices and creditor claims; an attorney can assess whether the document can be admitted or whether settlement is practical.
If you are named in the unsigned document, consider communicating with other potential heirs early to explore a voluntary settlement if court admission looks unlikely.

Where to find the law and forms

Connecticut statutes on wills: Conn. Gen. Stat., Chapter 112 (Wills).
Connecticut Probate Court information and local contacts: https://www.ctprobate.gov.

Helpful Hints

Do not assume a handwritten note will be honored. Formal execution matters. Preserve originals.
Collect contemporaneous evidence of the testator’s intent (emails, drafts, recordings, witness statements).
Act quickly—probate involves strict timeframes for filing notices and creditor claims.
Be prepared that intestacy can produce outcomes different from the decedent’s wishes—open communication among family can avoid conflict and cost.
When in doubt, consult a Connecticut-licensed probate attorney. They can advise whether a document may still be admitted or whether settlement or litigation is appropriate.

For questions about the specific facts of an estate, contact your local Connecticut probate court or a probate attorney. Again, this article is informational only and not a substitute for legal advice.