Connecticut State Specific Information

Will, Trust, Power of Attorney, and Estate Planning

Official state laws:

• Connecticut General Statutes Annotated
• Probate jurisdiction rests with the Probate Court
• Probate laws are primarily under Title 12

Minimum age requirement to:

• Distribute property by will: 18 (Section 45a-250)
• Which minor gets property: 21

Holographic will NOT recognized (No Section exists)

State taxes:

• Estate tax: Equal to federal credit for state death taxes (Section 12-391 to 12-399)
• State gift tax:Inheritance tax: No inheritance tax (Section 12-391 to 12-399)
  • No state gift tax (Section 12-391 to 12-399)
  • Anatomical Gift Act (Section 19a-270)
• Inheritance tax: No inheritance tax (Section 12-391 to 12-399)

Default rules: How property is distributed if there is no will, i.e. laws of intestate succession:

• No surviving spouse, but there are surviving children:
  • All of the estate goes to the surviving children split equally among them or to their children in accordance to their per stirpes share (Section 45a-438)
• Surviving spouse and
  • Children of surviving spouse:
    • $100,000 and one-half (1/2) of your estate to your surviving spouse, and
    • $50,000 and the other one-half (1/2), split equally among the surviving children or to their children according to their per stirpes share
    • Children not of the surviving spouse (for example your children from a previous marriage):
      • one-half (1/2) of your estate to your surviving spouse, and
      • the other one-half (1/2), split equally among the surviving children or to their children according to their per stirpes share
      • No children and both of your parents of deceased:
        • All of your estate will pass to your surviving spouse
      • No children, but at least one of your parents survives you:
        • $100,000 and three-fourths (3/4) of your estate to your surviving spouse, and
        •  the other one-fourth (1/4), split equally among the surviving parents
• At least one parent survives you, but no surviving spouse or children:
  • All of your estate will pass to your surviving parents equally
• No spouse, children, or parents:
  • Siblings (brothers and sisters) or to their children according to their per stirpes share. If none, then to your next of kin

Who must be named as a beneficiary in your will:

• Surviving spouse (Section 45a-257), andChildren, born or adopted (Section 45a-257)
  • Surviving spouse must be given:
    • One-third (1/3) of your real estate and personal property for the rest of the surviving spouse’s life. (Section 45a-436)
• Children, born or adopted (Section 45a-257)

Effects of changes in your marital status on your will:

• You are divorced from the surviving spouse:
  • Revokes will in its entirety (Section 45a-257c)
• You get married without changing your will that does not provide for your new spouse:
  • Revokes will in its entirety unless the will does not name your spouse as a beneficiary, i.e. your will is revoked, but if your will intentionally does not mention your spouse, then your will is saved and valid (Section 45a-257a)

Out of state executors: Must appoint an in-state probate court judge as agent to accept legal papers (Section 52-60)

Witnesses:

• Minimum number of witnesses required: Two (Section 45a-250)
• Are witnesses allowed to be beneficiaries?: Yes, but still need two disinterested witnesses (Section 45a-251)
• Requirements to be a witness, witnesses must:
  • be an adult,
  • not your appointed agent, and
  • if you live in a residential facility operated or licensed by the department of mental health or department of mental retardation, then there are additional witness requirements that must be met and you should consult a licensed attorney

Property ownership (Section 47-14a):

• Common law state
• Jointly held property is presumed to be held as tenancy in common, unless title expressly and clearly state “joint tenants” after the names of the parties, and any joint tenancy automatically includes right of survivorship
• Tenancy by the entirety is recognized in this state

Other types of wills:

• Self-proving wills recognized: No, not recognized (No provision)
• Living will: Connecticut Health Care Instructions (Section 19a-575). Requires:Connecticut Health Care Instruction Appointment of Health Care Agent and Appointment of Attorney-in-Fact for Health Care Decisions
  • no doctor certification,
  • but must have an incurable or irreversible medical condition that without life support will result in death in a relatively short period of time, or you are in a permanent coma or a persistent vegetative state
• Connecticut Health Care Instruction Appointment of Health Care Agent and Appointment of Attorney-in-Fact for Health Care Decisions 
• Durable Power of Attorney (Section 45a-562)

 

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