Connecticut probate runs through the town or city Probate Court — a distinctive local system unlike most other states, where probate is handled at the county level. The state raised its estate tax threshold to match the federal exemption ($13.61 million) in 2024, meaning most families no longer face a state estate tax. Connecticut's Probate Courts are local and relatively accessible, handling many straightforward matters without an attorney. This guide covers the six areas where Connecticut law most affects what you need to do after a death.
Connecticut's estate tax threshold now matches the federal level ($13.61 million), so most families face no state estate tax. The $40,000 small estate threshold is modest — many families will open some form of probate, but Connecticut's Probate Courts are local and relatively accessible.
- Personal property under $40,000 can be transferred by affidavit 30 days after death.
- Connecticut's estate tax threshold is $13.61 million — most families are unaffected.
- Probate is filed with the local town or city Probate Court, not a county court.
Probate
Probate & Small Estate Rules in Connecticut
Connecticut probate is filed with the Probate Court for the town or city where the deceased lived — not at the county level. Connecticut has over 54 local Probate Courts, each serving a specific municipality. This local structure means the court handling your case is likely nearby, and many Probate Court clerks are familiar with handling inquiries from families acting without an attorney.
Connecticut's small estate threshold is $40,000 in personal property (Conn. Gen. Stat. § 45a-273). If the estate's personal property falls under this amount, an heir can transfer that property by filing an affidavit 30 days after death — no court supervision required. Real property is excluded from this shortcut; real estate almost always requires formal probate regardless of value.
When formal probate is required, the court appoints an executor (called an "administrator" when there is no will). Creditors have 150 days from the appointment of the fiduciary to submit claims against the estate. The executor cannot safely distribute assets until this period has closed. Executor compensation is reasonable but follows no statutory schedule — unlike states with fixed percentage fees, Connecticut courts approve compensation case by case. Most Connecticut probates take 9 to 18 months to complete.
Wills
Will Signing Requirements in Connecticut
A valid Connecticut will requires the signature of the testator plus two adult witnesses who sign in the testator's presence (Conn. Gen. Stat. § 45a-251). Notarization is not required for a standard witnessed will, but adding a self-proving affidavit — a notarized statement signed by the witnesses — simplifies probate because the court does not need to locate and re-examine the witnesses later.
Connecticut does not recognize holographic wills. An unwitnessed handwritten will, no matter how clearly expressed or sincerely intended, is not legally valid in Connecticut. This differs from states like California and many others that do recognize holographic wills. If someone died leaving only a handwritten, unwitnessed document that appears to be a will, the estate will likely be treated as if the person died without a will.
If there is no valid will, Connecticut's intestate succession laws under Conn. Gen. Stat. § 45a-437 determine who inherits. The Probate Court applies these rules in the order established by statute — not according to what family members believe the deceased would have wanted.
Advance Directive
Connecticut Advance Directive
Connecticut uses a combined Advance Directive that covers both the appointment of a healthcare representative and the person's treatment preferences in one document (Conn. Gen. Stat. § 19a-575a). Unlike states that use separate living will and healthcare proxy forms, Connecticut consolidates both functions into a single document, which reduces the risk of conflicting instructions.
To be valid, the Connecticut Advance Directive must be signed by the principal and two witnesses. Witnesses cannot be: the named healthcare representative, any heir who would benefit from the principal's death, or an operator or employee of a healthcare facility where the person resides. These restrictions exist to ensure that the people witnessing the document have no financial stake in the decisions it governs.
The healthcare representative's authority to make medical decisions is active while the principal is alive and incapacitated. That authority ends at death — at that point, the executor or administrator takes over decisions about the estate and the body.
Spousal Rights
Spousal Rights and Intestate Succession in Connecticut
Connecticut is not a community property state. Each spouse owns their own property unless it is titled jointly. This means that a surviving spouse does not automatically own half of everything the deceased owned — the distribution depends on what the will says or, if there is no will, on Connecticut's intestate succession law.
Under intestate succession (Conn. Gen. Stat. § 45a-437), when the deceased leaves both a spouse and children:
- The surviving spouse receives the first $100,000 of the estate plus half of the remaining balance.
- The children share the other half equally.
If the deceased leaves a spouse and no children, the spouse inherits everything. If there are children but no spouse, the children divide the estate equally.
A surviving spouse who is unhappy with what a will provides can exercise the elective share under Conn. Gen. Stat. § 45a-436. Connecticut's elective share gives the surviving spouse a life use — a life estate — in one-third of the real property owned by the deceased at the time of death. This is narrower than the augmented estate elective share used in many other states, which typically captures a share of all assets including non-probate property. In Connecticut, the elective share applies only to real property that was actually owned by the deceased.
Vehicle Transfer
Transferring a Vehicle After Death in Connecticut
How a vehicle transfers after death in Connecticut depends on the size of the estate and how the vehicle was titled.
If the estate qualifies as a small estate (personal property under $40,000), a vehicle can be transferred using the affidavit process without opening formal probate. The heir presents the affidavit along with the death certificate and the vehicle's title at a Connecticut DMV office to complete the transfer.
For larger estates where probate is opened, the personal representative transfers the vehicle title using Letters Testamentary (or Letters of Administration if there is no will). The personal representative presents these letters along with the death certificate at the DMV to transfer or sell the vehicle.
Vehicles that were jointly titled with survivorship rights — such as a vehicle titled "John Smith or Jane Smith" with right of survivorship — transfer automatically to the surviving owner on presentation of the death certificate. No probate or affidavit is required.
Vehicles held in a living trust transfer to the successor trustee without going through the DMV affidavit process or the probate estate. The successor trustee uses the trust documents to establish their authority and complete the transfer.
Medicaid Recovery
Connecticut Medicaid Estate Recovery
Connecticut Medicaid — administered as HUSKY Health by the Department of Social Services (DSS) — has the right to seek reimbursement for long-term care costs paid on behalf of beneficiaries aged 55 and older. This applies to nursing home care, home and community-based services, and related expenses paid through the Medicaid program.
Connecticut's estate recovery is generally limited to the probate estate. This means assets that pass outside of probate — through beneficiary designations, joint tenancy with survivorship rights, payable-on-death accounts, or living trusts — are typically protected from Medicaid recovery. Only assets that must go through the Probate Court are at risk.
Recovery is waived in certain circumstances:
- A surviving spouse is living.
- A minor child is living.
- A blind or disabled child is living, regardless of age.
If you are settling an estate where the deceased received Connecticut Medicaid long-term care benefits, notify DSS before distributing any assets. Distributing estate assets before resolving a Medicaid claim can create personal liability for the executor. DSS will issue a determination of the recovery amount owed, which must be paid from the probate estate before heirs receive their shares.
If any of the waiver conditions above apply, request confirmation from DSS in writing before closing the estate.
We reviewed this page against official court, agency, and primary-source materials that map to the probate, transfer, directive, tax, and vehicle rules most likely to matter after a death in Connecticut.