What happens if someone in Connecticut dies without a will?

Full question:

What are the rules in CT if you die without a will. If you are married with adult children from a prior marriage, how much of your estate goes to your new spouse and how much according to CT state law goes to your children? I assume those assets which are set up with your new spouse as joint tenants with rights of survivorship would automatically go to the spouse. However, I am concerned about those assets which are solely in my name as to what portion will be required by state law to go to my children versus my spouse.

Answer:

First, let us encourage you to make a will as soon as possible. We have
several Connecticut will and life planning packages such as the following:

1. Mutual Wills Package of Last Wills and Testaments for Man and Woman
living together not Married with Adult Children


2. Life Documents Planning Package, including Will, Power of Attorney and
Living Will Connecticut


3. Life Documents Planning Package with Organizer, including Will, Power of
Attorney and Living Will


4. Last Will and Testament Package


5. Living Wills and Health Care Package

If any part of a Connecticut decedent's estate is not effectively disposed of
by will, the intestate share will be distributed in the following order and
manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any
assets from the intestate estate. However, the amount a surviving spouse
is entitled to varies as follows:
a. If there is no surviving issue (i.e., children or grandchildren) or parent of
decedent, the surviving spouse gets the whole intestate estate.

b. If decedent's surviving issue are also issue of the surviving spouse, the
surviving spouse is entitled to the first $100,000 of the intestate estate, plus
one-half of the remaining balance of the intestate estate.

c. If there are surviving issue, one or more of whom are not issue of the
surviving spouse, the surviving spouse gets one-half of the intestate estate.

d. If there is no surviving issue, but the decedent is survived by at least one
parent, the surviving spouse gets the first $100,000 of the intestate estate,
plus three-quarters of the remaining balance of the estate.


2. Heirs other than surviving spouse. Any part of the intestate estate not
passing to the surviving spouse as indicated above, or the entire intestate
estate if there is no surviving spouse, passes as follows to:
1. Decedent's issue.

2. Decedent's parent or parents equally.

3. Decedent's brothers and sisters and those who legally represent them.

4. Decedent's next of kin in equal degree.

5. Decedent's stepchildren and those who legally represent them.


3. State of Connecticut. As a matter of last resort, if there is no taker under
any of the above provisions, the intestate estate passes to the state of
Connecticut.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Dying without a will can lead to unintended consequences regarding the distribution of your estate. State laws will dictate how your assets are divided, which may not align with your wishes. This process, known as intestate succession, can create confusion and conflict among surviving family members. Additionally, it may result in longer probate proceedings and increased legal costs. Having a will ensures that your preferences are honored and can simplify the process for your loved ones.