Probate in Connecticut: What Your Family Goes Through Without a Will

Connecticut sends most estates through probate court, with a few notable carve-outs. When a deceased person does not have a will, this is called intestate succession. An estate will go through probate in Connecticut if there is no will. If you wish to avoid it, you might consider one of the following options.

Assets in these categories usually avoid probate altogether.

• Any life insurance policies that have a designated beneficiary.

• Any retirement accounts with a designated beneficiary.

• Any bank or brokerage accounts with a payable-on-death or transfer-on-death designation.

• Any property owned jointly with right of survivorship.

If none of these apply, an estate without a will does go through probate in Connecticut. If the tangible and intangible personal property is valued at $40,000 or less and there's no real estate solely owned by the decedent, the estate may qualify to pass by affidavit instead of full probate.  

Succession Laws Without a Will in Connecticut

Connecticut's approach to property ownership shapes everything that follows in intestate succession. In Connecticut, inheritance is generally determined by whose name is listed on a title, deed, or account. It’s important to note that a surviving spouse can also claim a statutory share, generally a life estate in 1/3 of the estate, even if a will states otherwise.  

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If none of the exceptions above apply, the estate will go through probate and be distributed according to the following lines of succession.

• If you have no children and no living parents, a surviving spouse inherits everything.

• If your children are all shared with your surviving spouse, your spouse inherits the first $100,000 of your estate, plus 1/2 of the balance. Your children inherit the rest, divided equally.

• If you have children who are not your spouse's children, your spouse inherits 1/2 of your estate. All of your children share the other 1/2 equally.

• If you have no children but living parents, your spouse inherits the first $100,000 of your estate, plus 3/4 of the balance. Your parents inherit the rest.

• If you have children but no spouse, your children get everything in your estate.  

• If you have no spouse and no children, your parents inherit everything, followed by siblings, grandparents, and next of kin.

Connecticut Probate Process

Connecticut probate is handled by the Probate Court in the district where the deceased lived. Full probate typically takes several months to over a year, and even potentially longer, depending on the estate's complexity, and Connecticut is one of the few states that still imposes a state estate tax on larger estates.

Avoiding Probate in Connecticut

A long probate process is avoidable for most of an estate. Here's how.

• Put your assets in a revocable living trust. This ensures privacy and total over your estate. Within the trust, you will name a trustee who will manage distributing your assets after your death.

• Opt for beneficiaries on financial and retirement accounts. A payable-on-death (POD) designation will specify who receives payment upon the death of the owner. A transfer-on-death (TOD) designation names a new owner where someone is listed and ownership is transferred automatically.

• Give your spouse or another co-owner automatic ownership of any joint property by setting up joint ownership with right of survivorship.  

• Keep in mind that Connecticut's small estate process excludes real estate, so a home still needs a trust or joint ownership to avoid full probate.

Interested in learning more about trusts in Connecticut? See FeedingBird’s trust vs. Will comparison.