Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney in Connecticut for guidance on your specific situation.
Detailed Answer
In Connecticut, a valid will must meet the formal execution requirements set out in Conn. Gen. Stat. §45a-250(§45a-250). Specifically, the testator (the person making the will) must:
- Be at least 18 years old and of sound mind.
- Sign the will (or direct another to sign it in their presence).
- Have the signature witnessed by at least two individuals, who also sign in the testator’s presence.
A notary acknowledgement or “self-proving affidavit” is optional but common. However, Connecticut does not recognize unwitnessed or unnotarized holographic wills. If a will lacks the two required witness signatures, the probate court will deem it invalid.
If you present an unwitnessed, unnotarized will to the probate court, the court will generally refuse to admit it. Instead, the estate will be administered under Connecticut’s intestacy rules found at Conn. Gen. Stat. §45a-436 through §45a-437(§45a-436–§45a-437). Those rules distribute assets to surviving spouses, children, and other next of kin according to a fixed order.
If the decedent intended their unwitnessed document to operate as a valid will, you have two limited options:
- Petition for Admission of a Lost or Destroyed Will: Under Conn. Gen. Stat. §45a-326(§45a-326), you can petition the court to admit a copy of a will, but only if the original was validly executed and has been lost or destroyed. This does not apply to wills never properly witnessed.
- Voluntary Administration for Small Estates: If the total estate qualifies as a small estate (assets under $75,000) under Conn. Gen. Stat. §45a-293(§45a-293), you may be able to distribute assets via a simplified procedure. The unwitnessed will has no binding effect, but heirs may agree to follow its terms voluntarily.
In most cases, an invalid will forces distribution under intestacy. To avoid these issues, have any new will properly signed, witnessed by two people, and consider a self-proving affidavit with notarization.
Helpful Hints
- Always use two disinterested witnesses when executing a will in Connecticut.
- Consider adding a self-proving affidavit and notarization to speed up probate.
- Maintain original signed will in a safe but accessible place, such as a probate safe-deposit box or attorney’s office.
- If assets are under $75,000, review the small estate procedures in Conn. Gen. Stat. §45a-293.
- Consult a probate attorney promptly to draft or correct a will before the testator’s incapacity.