When There is No Will: Intestacy in New York and Connecticut

Statutes in New York or Connecticut (and other states) determine the distribution of an estate when a deceased person did not leave a will.  Here is a summary:

Connecticut

Following are the intestacy rules that apply where the decedent is survived by a spouse, or any children, grandchildren, great-grandchildren—or parents:

• Decedent is survived by a spouse and children all of whom are children of the spouse: The living spouse inherits the first $100,000 of the estate and one-half (1/2) of the balance. The children will inherit the remainder based on a “per stirpes” (equal shares) allocation.
• Decedent is survived by a spouse and one or more children who are not descendants of the spouse: The living spouse inherits half of the decedent’s estate.  The decedent’s children inherit the remaining one-half (1/2), also per stirpes.
• Decedent survived by a spouse and no descendants or parents: The living spouse inherits the entire estate.
• Decedent is survived by descendants and no spouse: The descendants inherit the entire probate estate, per stirpes.
• Decedent is survived by a spouse and parent or parents and no descendants: The surviving spouse inherits the first $100,000 of the estate. The balance is distributed 3/4 to the surviving spouse and 1/4 equally to the parents (or all of the 1/4 to a sole surviving parent).
• Decedent is survived by a parent or parents and no spouse or descendants: The mother and father will inherit the estate in equal shares, if both are living. Or the entire estate goes to a sole surviving parent.

Where there is no surviving spouse or descendants, the decedent’s siblings and their descendants inherit the entirety of the estate per stirpes. Where there are no family members, the state of Connecticut receives the money through escheatment.

New York

New York follows a similar (but different) intestacy scheme, as follows:

• Where there is a spouse and no children, the spouse inherits the entire estate.
• Where there are children – meaning a legal, parent-child relationship that generally includes adopted but not foster children – the children inherit the entire estate.
• Where is a spouse and children, the spouse inherits the first $50,000 and half of the balance, with the balance to the children.
• Where there are parents but not spouse and no children, the parents inherit the entire estate.
• Where there are siblings but no spouse, children or parents, the siblings inherit everything.
• As in other jurisdictions, where there is no family, the estate goes to the State of New York.

Here is more information about the probate process in Connecticut and New York.

This content is provided as background and does not constitute legal advice. For more information or to schedule a free consultation, contact us at info@lalorattorneys.com / 646.818.9870.