Estate Planning | Making a Difference One Family at a Time

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die without willMany people never create a will, even though they know it’s important. You might feel uneasy talking about death or believe your family will sort everything out without conflict.

Sometimes, it feels easier to put estate planning aside because life is already busy. But when you pass away without a will—something called dying intestate—the process that follows rarely matches what you would have chosen.

In Connecticut, intestacy laws decide who receives your assets and who will be in charge of settling your affairs. These laws follow a fixed order and do not consider your personal relationships, your intentions, or any private understandings you may have had with loved ones.

If you die without a will, you leave your family with uncertainty and the risk of disagreements during an already difficult time.

Connecticut Intestacy Laws

Here is how Connecticut General Statutes Section 45a-437 divides an intestate estate:

  • If you are married with no children or surviving parents:
    • Your spouse inherits everything.
  • If you are married with children (and all children are with your spouse):
    • Your spouse receives the first $100,000 plus half of the remaining balance.
    • The other half is divided equally among your children.
  • If you are married with children from another relationship:
    • Your spouse inherits half of your estate.
    • The other half goes to your children in equal shares.
  • If you have no spouse or children:
    • Your estate passes to your parents.
    • If your parents are deceased, it goes to your siblings.
    • If you have no surviving siblings, the inheritance extends to nieces, nephews, aunts, uncles, and cousins in a defined order.

While these rules help prevent confusion, they often fail to reflect modern family dynamics. For example:

  • An unmarried partner you lived with for years has no automatic right to inherit.
  • Close friends you treated like family are excluded entirely.
  • Charities you supported will not receive anything unless you specify them in a will.

If you want your estate to reflect your relationships and values, you need to create a will. Without one, the state applies this fixed formula, regardless of your wishes or unique circumstances.

Who Handles Your Estate

Without a will naming an executor, the probate court appoints an administrator to oversee your estate. This person gathers your assets, pays debts and taxes, and distributes what remains according to intestacy laws.

You lose the ability to select someone you trust to carry out these responsibilities. The administrator may not share your priorities or understand your wishes, which can add stress for your loved ones.

What Happens to Minor Children

Dying intestate affects more than your property. If you have minor children, the court must decide who becomes their guardian. Judges will look at family relationships and other factors, but they cannot know your personal preferences.

This lack of guidance can lead to disagreements among relatives and create uncertainty for children during a vulnerable time.

When you have a will, you can nominate a guardian and give the court clear direction about who should care for your children.

Potential Consequences of Dying Without a Will

In addition to the possibility of inheritances not aligning with your wishes, dying intestate can create additional problems that catch families off guard.

Delays in Accessing Funds

As we have stated, without a will naming an executor, the court must appoint an administrator to manage your estate. This process can take time, especially if more than one person wants the role.

While the appointment is pending, no one has legal authority to pay bills, handle accounts, or maintain property.

Higher Costs

Intestate estates often cost more to settle. The court may require additional filings, hearings, and surety bonds that increase expenses. These costs reduce what ultimately passes to your heirs.

Family Disputes

Even when state law is clear, relatives may disagree about who should serve as administrator or how property should be handled. Personal items, in particular, can become sources of conflict if you leave no instructions.

Loss of Privacy

Intestate estates go through probate, and the proceedings become part of the public record. Anyone can review the documents filed with the court, including an inventory of your assets and information about your heirs.

Limited Flexibility

When you die without a will, there is no opportunity to create protections for vulnerable beneficiaries.

How a Trust Can Help You Maintain Control

A revocable living trust offers a way to avoid intestacy and maintain privacy. When you create a trust, you transfer assets into it during your lifetime.

You remain in charge as the trustee, managing and updating the trust as your needs change. After your death, the successor trustee distributes the property according to your instructions, without going through probate.

A trust also allows you to set conditions, such as holding assets for young beneficiaries until they reach a specific age. This flexibility can help you provide for loved ones in a thoughtful way.

Final Thoughts

Intestacy laws in Connecticut create a system to handle your estate when you do not leave a will. While this process helps prevent complete disarray, it does not reflect your personal wishes or protect your family from uncertainty.

By taking time to create a will, trust, and updated beneficiary designations, you can keep control over your legacy and provide clarity for the people you care about most.

We Are Here to Help!

There is no reason to take any chances when the stakes are so high. When you work with our firm, you will come away with a comprehensive plan that is tailor-made to suit your specific needs.

We have a Glastonbury, CT estate planning office, and another location in Westport, and you can call us at 860-548-1000 to set up a consultation at either office. If you would rather send us a message, fill out our contact form, and we will get back in touch with you as soon as possible.  We also invite you to join a Complimentary Seminar so you can see just how important it is to have a plan in place.

Barry D. Horowitz, Estate Planning Attorney
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