What happens if you die without a will in Connecticut?

We've all heard that we should have a will, but what actually happens if you don't? I'm launching a new series that will walk you through real-life scenarios to show exactly how your assets would be distributed if you pass away without a will (what we lawyers call "dying intestate”). Before diving into those details, let’s cover some basics.

In Connecticut, the state has a specific set of laws that determine how your assets are distributed when you haven't made your own plans. Spoiler alert: these default rules might not match what you would have wanted.

The distribution of your estate depends on your family situation:

 If You're Married with Children: 

• If all of your children are also children of your current spouse, your spouse receives the first $100,000 of your estate, plus 50% of the remaining assets. Your children will inherit the other 50% of the remaining assets, divided equally.

• If You Have Children from Another Relationship

  • Your current spouse receives 50% of the estate.

  • Your children from all relationships will share the other 50%, divided equally.

If You're Married with No Children

• If you have a parent living, your spouse receives the first $100,000, plus 75% of the balance, with your parent(s) inheriting the remaining estate.

• If you do not have any living parents, your spouse inherits everything.

If You're Single with Children

• Your children will inherit everything, divided equally among them.

If You're Single with No Children

• Your assets will go to your closest living relatives in a specific order:

  1. Parents

  2. Siblings

  3. More distant relatives like grandparents, aunts, uncles, or cousins

Of course, the state's default plan might not reflect your personal wishes (in fact it often does not!). For example: unmarried partners receive nothing; stepchildren are not automatically included; minor children will receive lump sum distributions upon reaching 18. As a practical matter, without a will or trust in place, your loved ones might face longer, more stressful probate processes, higher legal costs, and potential family conflicts. 

In this series, we'll examine how Connecticut’s intestacy laws would play out in different real-word scenarios. My goal isn't to scare you into getting a will or trust (though I obviously recommend it!). Instead, I want to help you understand exactly what would happen to your family and assets so you can make an informed decision about your estate planning.

Stay tuned for our first scenario, where we'll look at what happens when a divorced parent with minor children dies without a will.