When a person dies without a will, the estate is called “intestate” and the Connecticut laws of intestate distributions govern the distribution of the estate. Let’s explore what occurs in various scenarios:

Scenario 1: Surviving Spouse and Children*

• If the decedent is survived by a spouse and children* who are the offspring of both the decedent and the spouse, the spouse is entitled to the first $100,000 from the estate plus half of the remaining assets. The remaining half is shared among the children*.

Scenario 2: Surviving Spouse and Children* from a Previous Relationship

• In cases where the decedent’s children* include those who are not the biological offspring of the surviving spouse, the spouse is entitled to half of the estate, with the other half being divided equally among all the children*.

Scenario 3: Surviving Spouse and Parents

• When there are no children* or descendants, but both a surviving spouse and parents, the spouse inherits the initial $100,000 along with 75% of the remaining estate. The remaining 25% goes to the parents.

Scenario 4: Surviving Spouse Only

• If the decedent leaves behind a surviving spouse without children*, parents, or any descendants, the entire estate goes to the spouse.

Scenario 5: Children* Only

• In situations where there is no surviving spouse, the entire estate is distributed equally among the children*.

Scenario 6: Parents Only

• When there are no surviving spouses, children*, or descendants, the parents inherit the entire estate.

Scenario 7: Siblings Only

• In the absence of spouses, children*, parents, or descendants, the estate is divided equally among the surviving brothers* and sisters*.

Scenario 8: Next of Kin

• If there are no surviving spouses, children*, parents, siblings, or descendants of siblings, the estate is inherited by the next of kin.

Additional Considerations:

• If there are no eligible next of kin but a stepchild* exists, the stepchild* becomes the next in line to inherit the estate.
• If there are no stepchildren*, the estate ultimately reverts to the State of Connecticut.

*If a person(s) in this category of heirs had died before the decedent, his or her descendants take instead.

This information has been sourced from the Probate Court User Guide Administration of Decedents’ Estates, published by the Office of the Probate Court Administrator, State of Connecticut.

For professional guidance in probating a Connecticut estate, you can contact our office at (203) 586-1445 or click here to CONTACT US. Our team at the Heritage Law is here to assist you during these challenging times.

Updated August 2024