A guide to Connecticut probate laws.
Anyone at least 18-years old of “sound mind” can make a will in Connecticut.
Every will must be signed by two credible witnesses who witness the testator’s signature in person.
Yes, but unless there are two other disinterested witnesses the inheritance will be void.
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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).
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.
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.
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. Get started with Policygenius.) 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 parents||Everything|
|Children from the surviving spouse only||The first $100,000, plus 1/2 of any balance of the intestate estate|
|Children from someone else||1/2 of the intestate estate|
|Parents but no children||The 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
Siblings of the decedent
If an inheritor is dead, then their share passes to their children, often by a per stirpes designation.
The will must be filed within 30 days of the decedent’s death.
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.
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