Updated September 4, 2026. Quick answer: in Connecticut, dying without a will does not mean the state keeps the estate; it means Connecticut’s intestacy statute (Conn. Gen. Stat. § 45a-437 (intestate succession; distribution to spouse); § 45a-438 (distribution to children); § 45a-439 (distribution when there are no children, including the half-blood rule at subsection (e)).) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from Connecticut residents who die without a will is set by statute, not custom: Conn. Gen. Stat. § 45a-437 (intestate succession; distribution to spouse); § 45a-438 (distribution to children); § 45a-439 (distribution when there are no children, including the half-blood rule at subsection (e)). and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: The surviving spouse takes the entire intestate estate absolutely ONLY if there is no surviving issue AND no surviving parent of the decedent (section 45a-437(a)(1)).
When it is less than everything: Section 45a-437(a): (1) the entire intestate estate absolutely if no surviving issue or parent; (2) the first $100,000 plus three-quarters of the balance, absolutely, if no surviving issue but a parent or parents survive; (3) the first $100,000 plus one-half of the balance, absolutely, if there are surviving issue of the decedent ALL of whom are also issue of the surviving spouse; (4) one-half of the intestate estate absolutely, with NO dollar floor at all, if there are surviving issue of the decedent one or more of whom are NOT issue of the surviving spouse. This is Connecticut’s blended-family reduction: the presence of even one of the decedent’s descendants who is not also the surviving spouse’s descendant strips out both the $100,000 floor and the more favorable ‘balance’ fraction, dropping the spouse straight to a flat one-half of the whole estate.
(1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely; (2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely; (3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely; (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.
Source: Conn. Gen. Stat. § 45a-437 (intestate succession; distribution to spouse); § 45a-438 (distribution to children); § 45a-439 (distribution when there are no children, including the half-blood rule at subsection (e)).
If a DIY will fits your situation in Connecticut
In Connecticut, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
Section 45a-438: after the spouse’s statutory share (if any) is set aside, the residue passes equally to the decedent’s children/descendants (with advancements accounted for). If there are no children or descendants, section 45a-439(a): (1) to the parent(s) equally, or the sole surviving parent; (2) if no parent, to brothers and sisters and their legal representatives equally; (3) if none, to the next of kin in equal degree, computed under the civil-law rule, with representation among collaterals cut off after siblings’ descendants; (4) if no next of kin, to stepchildren and their legal representatives.
Rules that change the outcome
Half-blood relatives: Full share. Section 45a-439(e): ‘Relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets Connecticut property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.