What the rule says
Connecticut's intestacy statute, Conn. Gen. Stat. § 45a-437, distributes the estate based on family structure:
- Spouse and all descendants are mutual: The spouse takes the first $100,000 plus three-quarters of the balance. - Spouse and at least one descendant from prior relationship: The spouse takes one-half. Descendants take the other half. - Spouse but no descendants, with parent surviving: The spouse takes the first $100,000 plus three-quarters of the balance. Parent takes the rest. - Spouse but no descendants and no parents: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
What this means in practice
- Connecticut resident dies without a will, leaving a surviving spouse and three mutual children. Estate $400,000. Spouse takes $100,000 + 75% of $300,000 = $325,000. Children together take $75,000. - Connecticut resident dies without a will, leaving a surviving spouse and one child from prior relationship. Estate $400,000. Spouse takes $200,000 (1/2). Child takes $200,000.
Connecticut's framework is among the more spouse-favorable in the country for mutual-descendants families through the dollar floor + 75% formula.
What you can do about it
- Connecticut will requirements (Conn. Gen. Stat. § 45a-251). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Connecticut does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Conn. Gen. Stat. § 45a-436, a surviving spouse can elect against the will and take a statutory share.
Who this affects most
Connecticut's intestacy formula is most consequential for married Connecticut residents in mutual-descendants families (favorable through dollar floor + 75%) and blended families (one-half rule).