How to make a will in Connecticut

A guide to Connecticut probate laws.

Elissa

Elissa Suh

Published June 23, 2020

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Who can write a will in Connecticut?

Anyone at least 18-years old of “sound mind” can make a will in Connecticut.

What are the requirements for witnessing a will in Connecticut?

Every will must be signed by two credible witnesses who witness the testator’s signature in person.

Can witnesses be beneficiaries of the will?

Yes, but unless there are two other disinterested witnesses the inheritance will be void.

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What are the requirements for choosing an executor in Connecticut?

Connecticut doesn’t have any explicit requirements for choosing an executor, although they must not be “incapable” of accepting the responsibility (for example, they must have reached the age of majority).

Can you create a holographic will in Connecticut?

In Connecticut, handwritten wills are only valid if they are properly witnessed. However, a holographic will from another state that recognizes holographic wills may be valid in Connecticut.

Is Connecticut a community property state?

No, Connecticut is not a community property state.

In a community property state, each spouse has an equal share of property acquired during the marriage. Property acquired before the marriage is considered separate property.

Laws of intestacy in Connecticut

In Connecticut, when there is no will, the court will determine who receives the intestate estate based on the laws of intestate succession. (It’s a scary thought. That’s why we made it easy to create a will. Download the Policygenius app to get started.) Usually, the surviving spouse has the first claim.

This is how much a surviving spouse receives in a few different circumstances:

If the decedent is survived by a spouse and:Surviving spouse's share
No children or parentsEverything
Children from the surviving spouse onlyThe first $100,000, plus 1/2 of any balance of the intestate estate
Children from someone else1/2 of the intestate estate
Parents but no childrenThe first $100,000, plus 3/4 of any balance of the intestate estate

Otherwise, when there is no surviving spouse, then the intestate estate will pass along in the following order:

  • Children, or their children
  • Parents
  • Siblings of the decedent
  • Next of kin
  • Stepchildren

If an inheritor is dead, then their share passes to their children, often by a per stirpes designation.

Filing the will in Connecticut

The will must be filed within 30 days of the decedent’s death.

Estate administration without probate in Connecticut

In Connecticut, a small estate can be administered without court procedure, by filing an Affidavit in Lieu of Probate, when the value of the solely owned personal property does not exceed $40,000 and there is no real property.

Don’t live in Connecticut? Learn how to make a will in your state.

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About the author

Personal Finance Editor

Elissa Suh

Personal Finance Editor

Elissa is a personal finance editor at Policygenius in New York City. She writes about estate planning, mortgages, and occasionally health insurance. In the past she has written about film and music.

Policygenius’ editorial content is not written by an insurance agent. It’s intended for informational purposes and should not be considered legal or financial advice. Consult a professional to learn what financial products are right for you.

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