Detailed answer — How children succeed to an intestate estate in Connecticut
If a person dies without a valid will in Connecticut, the state’s intestacy rules determine who inherits. For purposes of distribution among children, the main rules are simple and predictable:
- Surviving children inherit in equal shares. If the decedent is survived by one or more children and no surviving spouse, those children divide the estate equally.
- If a child of the decedent died before the decedent but left descendants (for example, grandchildren), those descendants generally take the deceased child’s share by right of representation (sometimes called “per stirpes”). In plain terms, the grandchildren step into their parent’s place and split that parent’s share.
- Adopted children are treated as the decedent’s natural children for intestate succession. Stepchildren who were never legally adopted generally do not inherit under intestacy.
- Children born after the decedent’s death (posthumous children) and children born out of wedlock can inherit, but their right to inherit may depend on whether paternity or the child’s status is established under Connecticut law.
Connecticut’s statutory framework governs these rules; see the Connecticut General Statutes for intestacy provisions and definitions (see, for example, the probate/estate administration chapter listed here: https://www.cga.ct.gov/current/pub/chap_802.htm). For the core distribution sections, see the intestacy provisions at the same code (for example, the sections addressing distribution and representation: Sec. 45a-436 and Sec. 45a-437).
Simple hypotheticals to illustrate how shares are calculated
- Example 1 — All children survive: Decedent leaves three surviving children (A, B, C) and no spouse. Each child receives one-third of the estate.
- Example 2 — One child predeceased but left children: Decedent leaves three children by birth — A (predeceased), B and C (survive). A left two children (A1 and A2). The estate divides into three equal shares. B gets one-third, C gets one-third, and A1 and A2 split A’s one-third share (each gets one-sixth total).
- Example 3 — Adopted child: An adopted child is treated like a biological child and inherits an equal share among the children unless the adoption statute or specific family circumstances create an exception.
Other important points about children and intestacy
- Order of succession among children means representation: the line of descent (child → grandchild → great-grandchild) will receive the share of a predeceased parent in that parent’s place.
- Stepchildren only inherit if they were legally adopted or if there is a valid will naming them.
- Questions about paternity, adoption, or whether a child was legally disinherited can complicate administration. Courts and probate judges will look to records, DNA/paternity findings, and adoption decrees to determine lawful heirs.
- If there are no surviving descendants (children, grandchildren, etc.), the estate passes to other next of kin in a statutory order (parents, siblings, nieces/nephews, etc.). See the Connecticut probate statutes for that full order of priority: https://www.cga.ct.gov/current/pub/chap_802.htm.
Practical next steps for someone handling an intestate estate
- Identify all potential heirs: Make a list of all children (including adopted, predeceased, and any known descendants), and collect birth, death, and adoption records.
- Contact the local probate court: File a petition to open an estate and appoint a fiduciary (executor/administrator). The probate court will provide forms and guidance for notice and administration.
- Gather estate information: Collect the decedent’s assets, debts, and any beneficiary-designated accounts that pass outside probate.
- Resolve disputes early: If there is disagreement about who qualifies as an heir (paternity, adoptions, stepchildren, etc.), consider seeking prompt legal advice to avoid delays and litigation in probate.
Helpful hints
- Create a short family chart showing each child and any descendants to visualize who steps into which share if a parent has died.
- Keep copies of adoption records, paternity determinations, and birth certificates handy; probate will often require documentary proof of heirship.
- If you’re an heir and believe you were wrongly excluded, act quickly: probate deadlines and notice requirements can limit remedies if you wait too long.
- When in doubt, contact the probate court in the decedent’s municipality for procedural questions and check the Connecticut General Statutes linked above for statutory language.
- Consider consulting an attorney when there are contested claims, blended families, significant assets, or complex family relationships.
Disclaimer: This article explains general rules under Connecticut law and is for educational purposes only. It is not legal advice. For advice about a specific situation, consult a licensed Connecticut attorney or the probate court.