Connecticut Surviving Spouse Rights — Elective Share, Allowances, and the Deadline to Claim Them (2026)

✓ Verified September 2026

Connecticut Surviving Spouse Rights exist because a will cannot cut a husband or wife out entirely. Every state protects a widow or widower with a share they may claim regardless of what the will says, plus allowances that come off the top before creditors and other heirs.

This guide gives the Connecticut answer in plain English: what the elective share is, the deadline to claim it, whether trusts and joint accounts count, the homestead, exempt-property and family allowances, what happens when the marriage came after the will, and what forfeits the rights. All facts are from Connecticut law, verified as of September 2026.

Connecticut Surviving Spouse Rights: At a Glance

Here are the Connecticut facts that decide most Connecticut surviving spouse rights claims:

Why the Will Cannot Disinherit a Spouse in Connecticut

The law treats marriage as an economic partnership. A spouse who spent decades contributing to a household is not left to the mercy of a will written in anger, under pressure, or decades ago. In separate-property states the protection is the elective share: a fixed fraction of the estate the surviving spouse may take instead of whatever the will provides.

In community property states it is built in — half of everything acquired during the marriage already belongs to the survivor and never passes under the will at all. Connecticut uses one of those two systems, and the table above says which.

The right is personal to the spouse and must be claimed. Nothing happens automatically: a surviving spouse who does nothing takes what the will gives, even if that is nothing. The election has a deadline, it is filed in the probate court, and it is the single Connecticut surviving spouse rights fact that a grieving spouse most often learns too late.

The Connecticut Elective Share

Connecticut’s elective share is called the “statutory share,” and under Conn. Gen. Stat. § 45a-436(a) it is a LIFE ESTATE (life use) of one-third in value of all property passing under the will, real and personal, legally or equitably owned by the deceased spouse at the time of death, after payment of all debts and charges against the estate.

The surviving spouse takes income/use for life, not outright ownership of the one-third. The right cannot be defeated by a contrary disposition in the will; a spouse who elects it gives up the will’s provisions.

The deadline: Under Conn. Gen. Stat. § 45a-436(c), the surviving spouse must file written notice of intention to take the statutory share with the Probate Court not later than 150 days after the mailing of the decree admitting the will to probate. The clock runs from the mailing of that admission decree, not from the date of death.

If the notice is not filed within the 150 days, the spouse is barred from the statutory share. Where the court has allowed a support allowance under § 45a-320, the spouse does not take the statutory share until that allowance period expires.

What counts: NO. Connecticut has no augmented-estate statute. The statutory share under Conn. Gen. Stat. § 45a-436(a) reaches only property “passing under the will” — the probate estate — after debts and charges. Assets that pass outside probate, including revocable living trusts, jointly held property with survivorship, payable-on-death and transfer-on-death accounts, life insurance and retirement accounts with named beneficiaries, are generally outside the base.

Lifetime gifts are not added back by statute. Because this makes the share relatively easy to reduce, you may want to check with the Connecticut Probate Court or a licensed attorney about the facts of a particular estate.

Community property: NO. Connecticut is a common-law (separate property) state, not a community property state. There is no automatic one-half interest in marital property at death; the surviving spouse’s protection against disinheritance is the statutory life-use share in Conn. Gen. Stat. § 45a-436, together with the support allowance in § 45a-320.

Allowances the Spouse Gets on Top of the Will

Homestead: Connecticut has no dollar-figure probate homestead allowance for a surviving spouse. Instead, Conn. Gen.

Stat. § 45a-321 provides an occupancy right: the family of the decedent is allowed to remain in the dwelling house occupied by the decedent at the time of death, and to occupy such connected land and buildings as the court considers necessary for their convenience and comfort, until the property is sold, distributed or otherwise disposed of according to law. The separate homestead exemption in Conn. Gen.

Stat. § 52-352b is a creditor exemption, not a probate allowance.

Exempt property: UNVERIFIED as a fixed dollar amount — Connecticut’s probate code contains no Uniform Probate Code-style exempt property allowance for household goods with a set value. The nearest provision is Conn. Gen. Stat. § 45a-320, which lets the Probate Court allow the surviving spouse or family the use, during settlement of the estate, of any motor vehicle the decedent maintained during life as a family car.

Household furniture, appliances, clothing and similar items are covered by the judgment-creditor exemptions of Conn. Gen. Stat. § 52-352b, which apply to creditors rather than to distribution among heirs.

Family allowance: Conn. Gen. Stat. § 45a-320 authorizes a support allowance in a “reasonable”/necessary amount rather than a fixed sum: the Probate Court may allow out of any real or personal estate in settlement before it, including a small estate under § 45a-273, such amount as it judges necessary for the support of the surviving spouse or family during settlement of the estate.

“Necessary” is not limited to bare subsistence; the amount rests in the court’s discretion. The decree may run for the entire period of settlement, for a fixed shorter period subject to renewal, or be paid in a lump sum.

Married After the Will Was Signed

Under Conn. Gen. Stat. § 45a-257a, a surviving spouse who married the testator after the will was executed and for whom the will fails to provide receives the same share of the estate the spouse would have received if the decedent had left no will.

That does not apply if the will shows the omission was intentional, or if the testator provided for the spouse by transfer outside the will intended in lieu of a testamentary provision. Devises and legacies abate under § 45a-426, and a spouse taking this share may not also elect the statutory share under § 45a-436. Applies only to wills executed on or after January 1, 1997.

Waiver and Disqualification in Connecticut

Conn. Gen. Stat. § 45a-436(f) provides that the statutory share does not apply where, by written contract made before or after marriage, a party has received from the other, or agreed to accept, a provision in lieu of the statutory share — so both prenuptial and postnuptial agreements can waive it. For premarital agreements, Conn. Gen.

Stat. § 46b-36c requires a writing signed by both parties, and § 46b-36g makes an agreement unenforceable if the party proves it was not executed voluntarily, was unconscionable, lacked fair and reasonable disclosure of the other party’s property, obligations and income, or that the party was not afforded a reasonable opportunity to consult independent counsel.

What forfeits the rights: Conn. Gen. Stat. § 45a-436(g) provides that a surviving spouse is not entitled to a statutory share or an intestate share in the property of the other if that surviving spouse, without sufficient cause, abandoned the other and continued the abandonment to the time of the other’s death.

A pending but undecided divorce does not by itself disqualify a spouse, and a decree of legal separation does not terminate statutory rights of property, inheritance and administration in the other’s estate. A finalized dissolution ends spousal status and revokes will provisions for the former spouse under § 45a-257c.

If there is no will: With no will, Conn. Gen.

Stat. § 45a-437 gives the surviving spouse the entire estate if there is no descendant or parent, the first 100000 plus three-quarters of the balance if a parent but no descendant survives, the first 100000 plus one-half of the balance if all surviving descendants are also descendants of the surviving spouse, and one-half if any surviving descendant is not a descendant of the surviving spouse.

The Connecticut dying-without-a-will guide linked below covers that in full.

Other Connecticut rules: Connecticut is unusual in that the elective share is a LIFE ESTATE (life use) in one-third, not an outright fractional share — a modern remnant of dower and curtesy, which Connecticut otherwise abolished. There is no sliding scale by length of marriage and no augmented estate, so non-probate transfers such as revocable trusts and survivorship accounts can reduce what the share reaches.

Also distinctive: the 150-day clock runs from mailing of the decree admitting the will, and the statutory share is postponed while a § 45a-320 support allowance runs. Check with the Connecticut Probate Court or a licensed attorney.

Mistakes That Cost a Surviving Spouse in Connecticut

The first mistake is waiting. The election to take the statutory share has a deadline that runs from death or from the will’s admission, and the probate court cannot extend it for a spouse who did not know. The second is assuming the will is the whole picture.

A spouse who was left “the house” may be entitled to considerably more under the Connecticut surviving spouse rights rules — and may also be entitled to allowances the will never mentions.

The third mistake is signing something in the first weeks. A release, a family settlement, or a disclaimer offered by another heir can waive rights the spouse did not know they had. The last is overlooking a prenuptial agreement.

If one exists, it may have waived the elective share — but only if it met the state’s requirements for disclosure and fairness at the time, which is a question a lawyer should answer before anyone relies on it.

What to Expect When You Claim Connecticut Surviving Spouse Rights

Claiming Connecticut surviving spouse rights is a filing inside the probate case, not a separate lawsuit. The surviving spouse files the election and any allowance requests with the court, the personal representative calculates the estate the share is measured against, and the court resolves any dispute over what counts.

Where the will already gives the spouse more than the statutory share, the election is unnecessary and most spouses do not file one.

Two things surprise people. The first is how much depends on the calendar — the election deadline is short in some states and runs whether or not the spouse knew. The second is that the allowances are separate from the share and are paid first, ahead of creditors, which is often what keeps a surviving spouse in the home during the months the estate takes to settle.

Quick Answers: Connecticut Surviving Spouse Rights

What are Connecticut Surviving Spouse Rights if the will leaves the spouse nothing?

A statutory share — commonly a third to a half of the estate — plus allowances paid ahead of creditors. Connecticut Surviving Spouse Rights exist precisely for this case, but they must be claimed by a filing.

How long does a spouse have to claim Connecticut Surviving Spouse Rights?

A fixed period after death or after the will is admitted, set by statute. Missing it forfeits the statutory share, which is the most common way Connecticut surviving spouse rights are lost.

Official Connecticut Sources & Resources

• Connecticut Probate Court: https://www.ctprobate.gov/
• Connecticut Elective Share 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 guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.

More Connecticut Estate Guides

• Contest a Will in Connecticut
• Connecticut Medicaid Estate Recovery
• Dying Without a Will in Connecticut
• Connecticut Probate Process
• When a Spouse Died With Debt
• All State Guides

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.