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Connecticut Estate Law Summary

Note: You can also Access a Personal Planning Package for the State of Connecticut. or Prepare a Will Online

Note: This summary is not intended to be an all inclusive discussion of the law of Wills in Connecticut but does contain basic and other information. Hand-written wills or wills where the testator cannot sign his or her name are not included in this discussion.

Who may make a will: Any person eighteen years of age or older, and of sound mind, may dispose of his estate by will. 45a-250.

Making and execution of wills. Wills executed outside the state: A will or codicil shall not be valid to pass any property unless it is in writing, subscribed by the testator and attested by two witnesses, each of them subscribing in the testator's presence; but any will executed according to the laws of the state or country where it was executed may be admitted to probate in this state and shall be effectual to pass any property of the testator situated in this state. 45a-251.

Revocation of will: A will or codicil shall not be revoked in any other manner except by burning, cancelling, tearing or obliterating it by the testator or by some person in the testator's presence by the testator's direction, or by a later will or codicil. 45a-257.

Custodian of will to deliver it after testator's death. Penalty:
(a) Any person having in his possession any will or codicil shall, forthwith, after he has knowledge of the death of the testator, deliver such will either to the person designated to be the executor or one of the persons designated to be an executor thereof, or to the judge, clerk or assistant clerk of the court of probate which by law has jurisdiction of the estate of such deceased person.
(b) On the neglect of such person to do so within the period of thirty days after he has knowledge of the death of the testator, he shall be fined not more than one thousand dollars or imprisoned not more than one year or both. 45a-282.

Opening of safe deposit boxes to search for a will: Whenever the sole owner of a safe deposit box dies, his next of kin, spouse, or any person showing a sufficient interest in the presence of a will may apply to the Court of Probate for an order to open the decedent's safe deposit box to obtain any will or cemetery deed that may be contained therein. The Court of Probate may issue such order ex parte. The safe deposit box shall be opened in the presence of an officer of the bank who shall make return of such order to the court stating: (1) That only the will or cemetery deed was removed from the safe deposit box or (2) that there was no such will or cemetery deed in the safe deposit box and nothing was removed. 45a-284.

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Proof of will out of court: Any or all of the attesting witnesses to any will may, at the request of the testator or, after his decease, at the request of the executor or any person interested under it, make and sign an affidavit before any officer authorized to administer oaths in or out of this state, stating such facts as they would be required to testify to in court to prove such will. The affidavit shall be written on such will or, if that is impracticable, on some paper attached thereto. The sworn statement of any such witness so taken shall be accepted by the Court of Probate as if it had been taken before such court. 45a-285.

Marriage of testator terminated after execution of will: If, after executing a will, the testator's marriage is terminated by dissolution, divorce or annulment, the dissolution, divorce or annulment shall revoke any disposition or appointment of property made by the will to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, guardian or other fiduciary, unless the will expressly provides otherwise. Property prevented from passing to a former spouse due to revocation by dissolution, divorce or annulment shall pass as if the former spouse failed to survive the testator, and other provisions conferring power or office on the former spouse shall be interpreted as if the spouse failed to survive the testator. If provisions of the will of the testator are revoked solely by this section, such provisions shall be revived by the testator's remarriage to the former spouse. A decree of separation which does not terminate the status ofhusband and wife is not a dissolution or divorce for the purposesof this section. Sec. 45a-257c.

Devise or bequest to subscribing witness: Every devise or bequest given in any will or codicil to a subscribing witness, or to the husband or wife of such subscribing witness, shall be void unless such will or codicil is legally attested without the signature of such witness, or unless such devisee or legatee is an heir to the testator. The competency of such witness shall not be affected by any such devise or bequest. The interest of any witness in any community, church, society, association or corporation, beneficially interested in any devise or bequest, shall not affect such devise or bequest or the competency of such witness. Sec. 45a-258.

Click Here for Connecticut State Will & Estate Forms

Description - Connecticut Life Documents Planning Package, including Will, Power of Attorney and Living Will

The Legal Life Documents Personal Planning Package contains essential life documents, information on how to organize life documents and other products. The documents in this package are State Specific.

This package contains the following forms:

Last Will
Designation of Standby Guardian
Affidavit that designation of a standby guardian is in full force and effect
Statutory General Power of Attorney
Statutory Durable Power of Attorney for Health Care
General Durable Power of Attorney for Property and Finances
Affidavit that Power of Attorney is in Full Force and Effect
Statutory Health Care Proxy
Statutory Health Care Directive Living Will
Estate Planning Questionnaire and Worksheets
Personal Planning Information and Document Inventory Worksheets

Last Will - Complete this form to detail in writing your wishes regarding who is to receive your property at death and who will administer your estate. It also enables you to appoint trustees or guardians, if applicable.
Designation of Standby Guardian - This form is a designation of a standby guardian of your children in the event of the occurrence of a specific act.
Affidavit that Designation of a Standby Guardian is in Full Force and Effect - This form is an affidavit that a contingent act has occurred and that the designation of a standby guardian is in effect.
Statutory Health Care Proxy - This is a statutory form that is provided for in the Connecticut Revised Statutes. This form allows you to appoint a health care agent to make decisions for you if your attending physician determines that you are unable to understand and appreciate the nature and consequences of health care decisions and to reach and communicate an informed decision regarding treatment.
Statutory Durable Power of Attorney for Health Care - Appointment of Health Care Agent - This is a statutory form that is provided for in the Connecticut Revised Statutes. This form serves a number of purposes, as the title suggests. You may appoint a health care agent and/or an attorney in fact for health care to make health care decisions for you if you are unable to make them for yourself. It also allows you to express your wishes and desires regarding the appointment of a conservator in the event you are incapacitated at some future date and to make an anatomical gift.
General Durable Power of Attorney for Property and Finances Effective Immediately - This General Durable Power of Attorney is a general, durable power of attorney which is effective IMMEDIATELY. The powers granted to an Agent in this Power of Attorney are very broad. This Power of Attorney does NOT provide for health care services. This form complies with all applicable state statutory laws.
Affidavit Power of Attorney is in Full Force and Effect - This form is an affidavit that a power of attorney is still in full force and effect.
Statutory Health Care Proxy - This is a statutory form that is provided for in the Connecticut Revised Statutes. This form allows you to appoint a health care agent to make decisions for you if your attending physician determines that you are unable to understand and appreciate the nature and consequences of health care decisions and to reach and communicate an informed decision regarding treatment.
Statutory Health Care Directive - Living Will - This is a statutory form that is provided for in the General Statutes of Connecticut. This form allows you to express your wishes and desires regarding whether or not your life is prolonged by artificial means.
Estate Planning Questionnaire and Worksheets - This Estate Planning Questionnaire and Worksheet is for completing information relevant to an estate. It contains questions for personal and financial information. You may use this form for client interviews. It is also ideal for a person to complete to view their overall financial situation for estate planning purposes.
Personal Planning Information and Document Inventory Worksheets - This form enables you to document matters relevant to your life and personal planning such as the location of your important legal documents, relatives names, contact information, medical information, financial asset inventory and more.

Connecticut Estate and Personal Planning Forms

Connecticut Estate Law Summary