Disclaimer: This article is for educational purposes and does not constitute legal advice.
Connecticut Intestate Succession Overview
Detailed Answer
When a person dies in Connecticut without a valid will and leaves no surviving spouse but two children, state law determines who inherits. Under Conn. Gen. Stat. §45a-44(b), the entire intestate estate passes to the decedent’s issue by representation. In simple terms, the two surviving children share the estate equally.
Key steps in the probate process:
- File a petition for administration in the probate court of the decedent’s last residence.
- Provide notice to all heirs—here, the two children.
- Inventory and appraise assets, including real estate, vehicles, bank accounts, retirement plans and personal property.
- Settle valid debts, estate taxes and administrative costs out of the assets.
- Distribute the remaining assets equally to each child, giving each a 50% share. If a child is a minor, the court may appoint a guardian of the minor’s share or require a bond to protect the child’s interests.
For exact statutory language, see Conn. Gen. Stat. §45a-44(b): https://www.cga.ct.gov/current/pub/chap_806.htm#Sec45a-44.
Helpful Hints
- Obtain multiple certified copies of the death certificate early—courts and financial institutions often require originals.
- Search for all asset records: check safety-deposit boxes, digital accounts, and tax returns.
- Confirm each heir’s full legal name, date of birth and current address.
- Understand that minors’ inheritances require special handling; the court protects their share until they turn 18.
- Consult a Connecticut probate attorney if the estate holds real estate in multiple jurisdictions or if you expect creditor disputes.
- Keep detailed records of every court filing, expense and disbursement to prevent future challenges.