What Families Need to Know After a Death in Connecticut

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 ($15 million as of 2026), 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.

Probate
Probate & Small Estate Rules in Connecticut

Connecticut probate is filed with the Probate Court for the district where the deceased lived — not at the county level. Connecticut has 54 probate districts, most of which serve several neighboring towns, each with an elected probate judge. 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. If the deceased owned no real estate in Connecticut in their sole name and their solely owned personal property (not counting assets that pass outside probate) is worth $40,000 or less, the surviving spouse or next of kin can file a small estate affidavit with the Probate Court instead of opening full probate (Conn. Gen. Stat. § 45a-273). The court sends a copy to the Department of Administrative Services and cannot issue its decree until 30 days after that; the decree then tells banks and others who receives each asset. Estates with solely owned Connecticut real estate cannot use this procedure.

When formal probate is required, the court appoints an executor (called an "administrator" when there is no will). Creditors should present claims within 150 days of the first fiduciary's appointment; after that, a fiduciary who has already paid claims or distributed assets in good faith is not liable for a late claim (Conn. Gen. Stat. § 45a-356). The fiduciary can also send a creditor a notice that bars the claim unless it is presented within at least 90 days (§ 45a-357). Executor compensation is reasonable but follows no statutory schedule — Connecticut courts approve compensation case by case. Most Connecticut probates take 9 to 18 months to complete.

If you are weighing whether to hire an attorney, see probate lawyer costs by state for typical fee ranges, including Connecticut. Executor pay is covered in executor fees by state.

Wills
Will Signing Requirements in Connecticut

A valid Connecticut will requires the signature of the testator plus two witnesses, each of whom signs 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 and dated by the principal in the presence of two adult witnesses, who also sign (Conn. Gen. Stat. §§ 19a-575a, 19a-576). The person named as health care representative cannot act as a witness. Extra witness rules apply to residents of facilities run or licensed by the Departments of Mental Health and Addiction Services or Developmental Services. Separately, an operator or employee of a hospital or nursing facility where the person lives cannot be appointed as their health care representative unless related to them.

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 a spouse and children who are all also the spouse's 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 any of the deceased's children are not also the surviving spouse's children, the spouse receives one-half of the estate and the children share the other half. If there are no children but a parent survives, the spouse receives the first $100,000 plus three-quarters of the rest. If there are no children and no parents, the spouse inherits everything. If there is no spouse, the children divide the estate equally.

A surviving spouse who is unhappy with what a will provides can elect the statutory share under Conn. Gen. Stat. § 45a-436: a life estate in one-third of the value of all property passing under the will, real and personal, after debts and charges (Conn. Gen. Stat. § 45a-436). The spouse receives the use of that property for life, not ownership. This is narrower than the augmented estate elective share used in many other states, which typically captures a share of non-probate assets too. In Connecticut, only property passing under the will counts.

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, the Probate Court's small estate decree identifies who receives the vehicle, and that person uses it 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), recovers long-term care costs paid for beneficiaries who were 55 or older. Since July 1, 2022, the state may not recover properly paid medical assistance unless federal law requires it, and any older lien or claim that federal law does not require is deemed released (Conn. Gen. Stat. § 17b-93).

What the claim covers

On a beneficiary's death, the state has a claim against the person's estate for the Medicaid amounts it is required to recover under federal law (§ 17b-95). The statute does not expand the estate to non-probate property, so recovery is generally tied to the probate estate. One exception is annuities: sums due after the beneficiary's death under an annuity contract bought with the beneficiary's assets are treated as part of the estate and are payable to the state by the person who receives them, up to the amount owed. ABLE account funds are excluded to the extent federal law allows.

Survivors and priority

Connecticut's claim applies only to the extent that the amount a surviving spouse, parent, or dependent child would otherwise take from the estate is not needed for their support. Federal law separately defers recovery while a surviving spouse, a child under 21, or a blind or disabled child is living. The claim has priority over all unsecured claims except last-sickness expenses up to $375, funeral and burial expenses, and administrative expenses.

If you are settling an estate where the deceased received Connecticut Medicaid long-term care benefits, contact DSS before you distribute assets and ask for a written determination.

For how the federal estate recovery rules work, which survivors are protected, and how hardship waivers work, see our guide to Medicaid estate recovery.