Affidavit of Heirship in Connecticut
Whether Connecticut lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: Connecticut does not use an affidavit of heirship. Instead, when real estate passes by will or descends to heirs, the fiduciary must obtain a certificate of devise, descent or distribution signed by the probate judge or clerk and record it in the land records of each town where the… Conn. Gen. Stat. §§ 45a-450, 45a-273
| Affidavit / determination of heirship | Connecticut does not use an affidavit of heirship. Instead, when real estate passes by will or descends to heirs, the fiduciary must obtain a certificate of devise, descent or distribution signed by the probate judge or clerk and record it in the land records of each town where the property is located, within one month after distribution (or, for descent to heirs, within one month after the court accepts the final account). The certificate names each person receiving the property and describes their share. For small estates with no solely owned Connecticut real estate, the Affidavit in Lieu of Probate (PC-212) is available. |
|---|---|
| Who inherits without a will | Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus three-quarters of the rest if the decedent left a parent but no descendants; the first $100,000 plus half of the rest if all of the decedent's descendants are also the spouse's; half if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to the children equally (a deceased child's share to that child's descendants), then parents, then brothers and sisters and their descendants, then next of kin of equal degree, then stepchildren and their descendants. Half-blood relatives take the same share as whole-blood relatives. |
More Connecticut estate law
- Medical Power of Attorney in Connecticut
- Small Estate Affidavit in Connecticut
- Power of Attorney in Connecticut
- Quitclaim Deeds and Transferring Property in Connecticut
- Who Inherits If You Die Without a Will in Connecticut
- How to Make a Valid Will in Connecticut
- How Probate Works in Connecticut
- Living Wills and Advance Directives in Connecticut
- Revocable Living Trusts in Connecticut
- Executor Duties in Connecticut
- Letters Testamentary in Connecticut
- How to Avoid Probate in Connecticut
- Transferring a Car After Someone Dies in Connecticut
- All Connecticut wills, probate and estate rules
FAQ
Does Connecticut have an affidavit of heirship?
Connecticut does not use an affidavit of heirship. Instead, when real estate passes by will or descends to heirs, the fiduciary must obtain a certificate of devise, descent or distribution signed by the probate judge or clerk and record it in the land records of each town where the property is located, within one month after distribution (or, for descent to heirs, within one month after the court accepts the final account). The certificate names each person receiving the property and describes their share. For small estates with no solely owned Connecticut real estate, the Affidavit in Lieu of Probate (PC-212) is available.
Who inherits if someone dies without a will in Connecticut?
Surviving spouse: everything if the decedent left no descendants and no parent; the first $100,000 plus three-quarters of the rest if the decedent left a parent but no descendants; the first $100,000 plus half of the rest if all of the decedent's descendants are also the spouse's; half if any of the decedent's descendants are not the spouse's. The rest (or everything, with no spouse) goes to the children equally (a deceased child's share to that child's descendants), then parents, then brothers and sisters and their descendants, then next of kin of equal degree, then stepchildren and their descendants. Half-blood relatives take the same share as whole-blood relatives.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.