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Understanding Connecticut Intestate Succession: Who Inherits When There’s No Will?

Jan 25 2026

By: John Drapp

Posted in: Probate, Estate Planning

 

What happens to someone’s property in Connecticut if they die without a will? It’s a question people often ask, sometimes while planning ahead, other times after a loved one has passed. It’s also a question people make a lot of assumptions about, and many times, those assumptions are wrong. This article succinctly explains how Connecticut’s intestate succession rules generally distribute an estate when there is no will, starting with the most important factor: whether the decedent had a surviving spouse.

Start with the Surviving Spouse

The first question is whether the decedent had a surviving spouse. If so, the next question is whether the decedent had children and, if so, whether all of those children are also the children of the surviving spouse.

  • If there is a surviving spouse and children, and all children are also the surviving spouse’s children:
    • The surviving spouse receives the first $100,000 of the estate, plus 50% of the remainder.
    • The children share the remaining 50% of the remainder equally.
  • If there is a surviving spouse and children, and at least one child is not the child of the surviving spouse:
    • The surviving spouse receives 50% of the estate.
    • The children share the other 50% equally (e.g., if there are three children, they split 50% three ways; if two children, they split 50% two ways).
  • If there is a surviving spouse and no children, but one or both of the decedent’s parents are alive:
    • The surviving spouse receives 75% of the estate.
    • The surviving parent(s) share the remaining 25% equally.

If There’s No Surviving Spouse

If the decedent did not have a surviving spouse, distribution depends on other surviving relatives:

  • If there are children and no surviving spouse:
    • The children inherit the entire estate, shared equally.
  • If there are no children, no surviving spouse, and the decedent’s parents are deceased:
    • The decedent’s siblings inherit equally.

When Siblings Are Deceased

If some or all siblings are deceased, their share typically passes to their descendants:

  • Example: If the decedent’s sister has passed away but had two children, those two children inherit the sister’s share.
  • If those children also predeceased the decedent, the share passes to the next generation (the siblings’ grandchildren), and so on.

This follows a “per stirpes” style approach among the siblings’ lines, ensuring a deceased sibling’s branch of the family still receives that sibling’s portion through their descendants.

Key Takeaway

These default rules may not reflect your wishes. Creating a will or trust as part of an estate plan can ensure your assets are distributed exactly as you intend, reduce potential conflicts, and clarify responsibilities. If you’re uncertain how these rules apply to your situation, consider speaking with an estate planning attorney familiar with Connecticut law.

This information is subject to the terms of our disclaimer.


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