✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Connecticut — exactly who inherits under Connecticut’s intestate-succession law, and what surprises families most. All shares are from Connecticut statute, verified as of June 2026.
In This Connecticut Guide:
Who Inherits When There Is No Will in Connecticut
Here is exactly how Connecticut divides an estate when there is no will:
| If the person leaves… | Who inherits in Connecticut |
|---|---|
| Spouse, no children | If no descendants AND no surviving parents, the spouse inherits the entire estate. If no descendants BUT a surviving parent exists, the spouse receives the first 100000 plus 3/4 of the balance; the surviving parent(s) receive the remainder. |
| Spouse + shared children | The surviving spouse receives the first 100000 plus 1/2 of the balance. The children split the remainder equally, with descendants of a deceased child taking that child’s share by representation (per stirpes). |
| Spouse + children from another relationship | If the decedent had at least one descendant who is NOT also a descendant of the surviving spouse, the spouse receives 1/2 of the estate (no preferential 100000 amount). The children split the other 1/2 equally, with descendants of a deceased child taking that child’s share by representation. |
| Children, no spouse | The children inherit the entire estate in equal shares. Descendants of a deceased child take that child’s share by representation (per stirpes). Children born out of wedlock may inherit from the father if the father later married the mother, a court adjudicated paternity, or the father acknowledged paternity under oath in writing (CGS § 45a-438). |
| No spouse, no children | The estate passes in this order under CGS § 45a-439: (1) equally to the decedent’s parents, or all to the surviving parent; (2) to siblings equally, with nieces and nephews taking a deceased sibling’s share by representation; (3) to next of kin in equal degree under the civil law method of counting kinship — no representation is admitted among collaterals beyond the representatives of brothers and sisters; (4) to stepchildren and their legal representatives only if no next of kin exist; (5) escheat to the state. |
| No living relatives (escheat) | The estate escheats to the State of Connecticut only if there is no surviving spouse, no descendants, no parents, no siblings or their representatives, no next of kin in any degree under the civil law rule, and no stepchildren or their representatives. The probate court orders distribution to the State Treasurer as abandoned property. |
These shares come from Connecticut intestate-succession law (Connecticut General Statutes § 45a-437 (spouse share), § 45a-438 (children), § 45a-439 (no children — parents, siblings, next of kin)).
How Connecticut divides shares among descendants: Connecticut uses per stirpes distribution. Children of a deceased child step into that child’s share; nieces and nephews of a deceased sibling step into that sibling’s share. Representation among collaterals is limited to representatives of brothers and sisters and does not extend further.
Connecticut homestead and family allowance: Connecticut does not have a fixed-dollar statutory homestead exemption. Under CGS § 45a-320, the probate court may allow a reasonable sum from the estate for the support of the surviving spouse or family during settlement, at the court’s discretion. The court may also allow the surviving spouse use of the family car during administration.
Under CGS § 45a-321, the family may occupy the homestead during estate administration. The allowance may be granted as a lump sum, for the entire settlement period, or retroactive to the date of death.
Half-blood relatives in Connecticut: Relatives of the half blood take the same share that they would take if they were of the whole blood, as explicitly stated in CGS § 45a-439. Half-siblings inherit identically to full siblings.
Assets That Pass Outside Connecticut Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), jointly held property with right of survivorship, and assets in a trust pass outside Connecticut intestate succession rules and are not governed by CGS §§ 45a-437 through 45a-439. Only probate assets without a beneficiary designation are distributed under intestacy.
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Other Connecticut intestacy rules: (1) Abandonment disqualification — under CGS § 45a-436(g), a surviving spouse who abandoned the decedent without sufficient cause and continued that abandonment to the time of death is not entitled to an intestate share. (2) Connecticut uses the civil law method (not common law) for counting degrees of kinship when determining next of kin beyond siblings.
(3) Stepchildren and their legal representatives may inherit under intestacy, but only if no blood relatives or next of kin exist — an unusual provision not found in most states. (4) Slayer rule under CGS § 45a-447 disqualifies a person found guilty of killing the decedent from inheriting.
(5) Small estates with no real property (other than survivorship property) valued at 40000 or less may qualify for simplified probate under CGS § 45a-273.
What Dying Without a Will in Connecticut Really Means
When someone dies without a will in Connecticut, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Connecticut divides an estate when someone is dying without a will in Connecticut, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Connecticut helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Connecticut depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Connecticut, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Connecticut Sources & Resources
- Connecticut Court Self-Help: https://www.ctprobate.gov/
- Connecticut Intestate Succession Statute: https://www.cga.ct.gov/current/pub/chap_802b.htm
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Connecticut intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.