Estate Planning

If you die without a valid will while residing in the State of Hawaii, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Hawaii has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Hawaii intestacy Laws | Intestate Succession statutes.

 

 

  [Applies only to the estates of decedents dying after January 1, 1997;
for other effect and transition provisions, see §560:8-201 .
]

Intestate estate

(a)  Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in this chapter, except as modified by the decedent's will.

(b)  A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession.  If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed the intestate share.

Hawaii Code, §560:2-101

 

Share of spouse or reciprocal beneficiary

The intestate share of a decedent's surviving spouse or reciprocal beneficiary is:

     (1)  The entire intestate estate if:

         (A)  No descendant or parent of the decedent survives the decedent; or

         (B)  All of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and there is no other descendant of the surviving spouse or reciprocal beneficiary who survives the decedent;

     (2)  The first $200,000, plus three-fourths of any balance of the intestate estate, if no descendant of the decedent survives the decedent, but a parent of the decedent survives the decedent;

     (3)  The first $150,000, plus one-half of any balance of the intestate estate, if all of the decedent's surviving descendants are also descendants of the surviving spouse or reciprocal beneficiary and the surviving spouse or reciprocal beneficiary has one or more surviving descendants who are not descendants of the decedent; or

     (4)  The first $100,000, plus one-half of any balance of the intestate estate, if one or more of the decedent's surviving descendants are not descendants of the surviving spouse or reciprocal beneficiary.

Hawaii Code, §560:2-102

 

Share of heirs other than surviving spouse or reciprocal beneficiary

Any part of the intestate estate not passing to the decedent's surviving spouse or reciprocal beneficiary under section 560:2-102, or the entire intestate estate if there is no surviving spouse or reciprocal beneficiary, passes in the following order to the individuals designated below who survive the decedent:

     (1)  To the decedent's descendants by representation;

     (2)  If there is no surviving descendant, to the decedent's parents equally if both survive, or to the surviving parent; provided, however, if the decedent is a minor, and if it is shown by clear and convincing evidence that any parent has:

         (A)  Deserted the child without affording means of identification for a period of at least ninety days;

         (B)  Failed to communicate with the child when able to do so for a period of at least one year when the child is in the custody of another; or

         (C)  Failed to provide for care and support of the child when able to do so for a period of at least one year when the child is in the custody of another despite a child support order requiring such support;

          such parent shall be deemed to have predeceased the decedent;

     (3)  If there is no surviving descendant or parent entitled to inherit, to the descendants of the decedent's parents or either of them by representation; and

     (4)  If there is no surviving descendant, parent entitled to take, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased, the descendants taking by representation; and the other half passes to the decedent's maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.

Hawaii Code, §560:2-103

 

Requirement that heir survive decedent for one hundred twenty hours

An individual who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, and intestate succession, and the decedent's heirs are determined accordingly.  If it is not established by clear and convincing evidence that an individual who would otherwise be an heir survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period.  This section is not to be applied if its application would result in a taking of intestate estate by the State under section 560:2-105.

Hawaii Code, §560:2-104

 

No taker

If there is no taker under the provisions of this article, the intestate estate passes to the State.

Hawaii Code, §560:2-105

 

Escheat of kuleana lands

Any provision of law to the contrary notwithstanding, if the owner of an inheritable interest in kuleana land dies intestate, or dies partially intestate and that partial intestacy includes the decedent's interest in the kuleana land, and if there is no taker under article II, such inheritable interest shall pass to the department of land and natural resources to be held in trust until the office of Hawaiian affairs develops a land management plan for the use and management of such kuleana properties, and such plan is approved by the department of land and natural resources.  Upon approval, the department of land and natural resources shall transfer such kuleana properties to the office of Hawaiian affairs.  For the purposes of this section, "kuleana lands" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended.

Hawaii Code, §560:2-105.5

 

Representation

(a)  Definitions.  In this section:

     "Deceased descendant", "deceased parent", or "deceased grandparent" means a descendant, parent, or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent under section 560:2-104.

     "Surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent under section 560:2-104.

     (b)  Decedent's descendants.  If, under section 560:2-103(1), a decedent's intestate estate or a part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are:

     (1)  Surviving descendants in the generation nearest to the decedent which contains one or more surviving descendants; and

     (2)  Deceased descendants in the same generation who left surviving descendants, if any.

Each surviving descendant in the nearest generation is allocated one share.  The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

     (c)  Descendants of parents or grandparents.  If, under section 560:2-103(3) or (4), a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are:

     (1)  Surviving descendants in the generation nearest the deceased parents or either of them, or the deceased grandparents or either of them, that contains one or more surviving descendants; and

     (2)  Deceased descendants in the same generation who left surviving descendants, if any.

Each surviving descendant in the nearest generation is allocated one share.  The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent.

Hawaii Code, §560:2-106

 

Kindred of half blood

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood.

Hawaii Code, §560:2-107

 

Afterborn heirs

An individual in gestation at a particular time is treated as living at that time if the individual lives one hundred twenty hours or more after birth.

Hawaii Code, §560:2-108

 

Advancements

(a)  If an individual dies intestate as to all or a portion of the individual's estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if:

     (1)  The decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or

     (2)  The decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate.

     (b)  For purposes of subsection (a), property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs.

     (c)  If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise.

Hawaii Code, §560:2-109

 

Debts to decedent

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor.  If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants.

Hawaii Code, §560:2-110

 

Alienage

No individual is disqualified to take as an heir because the individual or an individual through whom the individual claims is or has been an alien.

Hawaii Code, §560:2-111

 

[Reference - Hawaii's Intestacy laws]

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If you die without a valid will while residing in the State of Florida, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Florida has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Florida intestacy Laws | Intestate Succession statutes.

 

 

Intestate estate

(1)  Any part of the estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this code.

(2)  The decedent's death is the event that vests the heirs' right to the decedent's intestate property.

Florida Statutes, 732.101

 

Spouse's share of intestate estate

The intestate share of the surviving spouse is:

(1) If there is no surviving descendant of the decedent, the entire intestate estate.
1(2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate.
1(3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate.
1(4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.

Florida Statutes, 732.102

 

Share of other heirs

The part of the intestate estate not passing to the surviving spouse under s. 732.102, or the entire intestate estate if there is no surviving spouse, descends as follows:

(1)  To the lineal descendants of the decedent.

(2)  If there is no lineal descendant, to the decedent's father and mother equally, or to the survivor of them.

(3)  If there is none of the foregoing, to the decedent's brothers and sisters and the descendants of deceased brothers and sisters.

(4)  If there is none of the foregoing, the estate shall be divided, one-half of which shall go to the decedent's paternal, and the other half to the decedent's maternal, kindred in the following order:

          (a)  To the grandfather and grandmother equally, or to the survivor of them.

          (b)  If there is no grandfather or grandmother, to uncles and aunts and descendants of deceased uncles and aunts of the decedent.

          (c)  If there is either no paternal kindred or no maternal kindred, the estate shall go to the other kindred who survive, in the order stated above.

(5)  If there is no kindred of either part, the whole of the property shall go to the kindred of the last deceased spouse of the decedent as if the deceased spouse had survived the decedent and then died intestate entitled to the estate.

(6)  If none of the foregoing, and if any of the descendants of the decedent's great-grandparents were Holocaust victims as defined in s. 626.9543(3)(a), including such victims in countries cooperating with the discriminatory policies of Nazi Germany, then to the lineal descendants of the great-grandparents. The court shall allow any such descendant to meet a reasonable, not unduly restrictive, standard of proof to substantiate his or her lineage. This subsection only applies to escheated property and shall cease to be effective for proceedings filed after December 31, 2004.

Florida Statutes, 732.103

 

Inheritance per stirpes

Descent shall be per stirpes, whether to lineal descendants or to collateral heirs.

Florida Statutes, 732.104


Half blood

When property descends to the collateral kindred of the intestate and part of the collateral kindred are of the whole blood to the intestate and the other part of the half blood, those of the half blood shall inherit only half as much as those of the whole blood; but if all are of the half blood they shall have whole parts.

Florida Statutes, 732.105

 

Afterborn heirs

Heirs of the decedent conceived before his or her death, but born thereafter, inherit intestate property as if they had been born in the decedent's lifetime.

Florida Statutes, 732.106

 

Escheat

(1)  When a person dies leaving an estate without being survived by any person entitled to a part of it, that part shall escheat to the state.

(2)  Property that escheats shall be sold as provided in the Florida Probate Rules and the proceeds paid to the Chief Financial Officer of the state and deposited in the State School Fund.

(3)  At any time within 10 years after the payment to the Chief Financial Officer, a person claiming to be entitled to the proceeds may reopen the administration to assert entitlement to the proceeds. If no claim is timely asserted, the state's rights to the proceeds shall become absolute.

Florida Statutes, 732.107

 

Adopted persons and persons born out of wedlock

(1)  For the purpose of intestate succession by or from an adopted person, the adopted person is a lineal descendant of the adopting parent and is one of the natural kindred of all members of the adopting parent's family, and is not a lineal descendant of his or her natural parents, nor is he or she one of the kindred of any member of the natural parent's family or any prior adoptive parent's family, except that:

          (a)  Adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and the natural parent or the natural parent's family.

          (b)  Adoption of a child by a natural parent's spouse who married the natural parent after the death of the other natural parent has no effect on the relationship between the child and the family of the deceased natural parent.

          (c)  Adoption of a child by a close relative, as defined in s. 63.172(2), has no effect on the relationship between the child and the families of the deceased natural parents.

(2)  For the purpose of intestate succession in cases not covered by subsection (1), a person born out of wedlock is a lineal descendant of his or her mother and is one of the natural kindred of all members of the mother's family. The person is also a lineal descendant of his or her father and is one of the natural kindred of all members of the father's family, if:

          (a)  The natural parents participated in a marriage ceremony before or after the birth of the person born out of wedlock, even though the attempted marriage is void.

          (b)  The paternity of the father is established by an adjudication before or after the death of the father.

          (c)  The paternity of the father is acknowledged in writing by the father.

Florida Statutes, 732.108


Debts to decedent

A debt owed to the decedent shall not be charged against the intestate share of any person except the debtor. If the debtor does not survive the decedent, the debt shall not be taken into account in computing the intestate share of the debtor's heirs.

Florida Statutes, 732.109

 

Aliens

Aliens shall have the same rights of inheritance as citizens.

Florida Statutes, 732.1101

 

[Reference - Florida's Intestacy laws]

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If you die without a valid will while residing in the State of Delaware, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Delaware has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Delaware intestacy Laws | Intestate Succession statutes.

 

 

Intestate estate

Any part of the real or personal estate of a decedent not effectively disposed of by will passes to the decedent's heirs as prescribed in the following sections of this chapter. (59 Del. Laws, c. 384, § 1.)

Delaware Code, Title 12, § 501

 

Share of spouse

The intestate share of the surviving spouse is:

(1) If there is no surviving issue or parents of the decedent, the entire intestate estate;

(2) If there is no surviving issue but the decedent is survived by a parent or parents, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;

(3) If there are surviving issue all of whom are issue of the surviving spouse also, the first $50,000 of the intestate personal estate, plus one half of the balance of the intestate personal estate, plus a life estate in the intestate real estate;

(4) If there are surviving issue, one or more of whom are not issue of the surviving spouse, one half of the intestate personal estate, plus a life estate in the intestate real estate. (59 Del. Laws, c. 384, § 1; 60 Del. Laws, c. 199, § 6.)

Delaware Code, Title 12, § 502

 

Share of heirs other than surviving spouse

The part of the intestate estate not passing to the surviving spouse under § 502 of this title, or the entire intestate estate if there is no surviving spouse, passes as follows:

(1) To the issue of the decedent, per stirpes;

(2) If there is no surviving issue, to the decedent's parent or parents equally;

(3) If there is no surviving issue or parent, to the brothers and sisters and the issue of each deceased brother or sister, per stirpes;

(4) If there is no surviving issue, parent or issue of a parent, then to the next of kin of the decedent, and to the issue of a deceased next of kin, per stirpes;

(5) Any property passing under this section to 2 or more persons passes to such persons as tenants in common. (59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.)

Delaware Code, Title 12, § 503

 

Requirement that heir survive decedent for 120 hours

Any person who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of intestate succession, and the decedent's heirs are determined accordingly. If the time of death of the decedent or of the person who would otherwise be an heir, or the times of death of both, cannot be determined, and it cannot be established that the person who would otherwise be an heir has survived the decedent by 120 hours, it is deemed that the person failed to survive for the required period. This section is not to be applied where its application would result in a taking of intestate estate by the State under this title. (59 Del. Laws, c. 384, § 1.)

Delaware Code, Title 12, § 504

 

Posthumous children

Posthumous children, born alive, shall be considered as though living at the death of their parent. (59 Del. Laws, c. 384, § 1.)

Delaware Code, Title 12, § 505

 

Kindred of half blood

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. (59 Del. Laws, c. 384, § 1.)

Delaware Code, Title 12, § 506

 

Alienage

No person is disqualified to take as an heir because the person or a person through whom the person claims is or has been an alien. (59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.)

Delaware Code, Title 12, § 507

 

Meaning of child and related terms

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person:

(1) An adopted person is the child of an adopting parent and not of the natural parent except that adoption of a child by the spouse of a natural parent has no effect on the relationship between the child and that natural parent.

(2) In cases not covered by paragraph (1) of this section, a person born out of wedlock is a child of the mother. That person is also a child of the father, if:

          a. The natural parents participated in a marriage ceremony before or after the birth of the child, even though the attempted marriage is void; or

          b. The paternity is established by an adjudication before the death of the father or is established thereafter by preponderance of the evidence; except, that the paternity established under this paragraph is ineffective to qualify the father or his kindred to inherit from or through the child unless the father has openly treated the child as his, and has not refused to support the child. (59 Del. Laws, c. 384, § 1; 70 Del. Laws, c. 186, § 1.)

Delaware Code, Title 12, § 508

 

Advancements

If a person dies intestate as to all the estate, property which the person gave in the person's lifetime to an heir is treated as an advancement against the latter's share of the estate only if declared in a contemporaneous writing by the decedent or acknowledged in writing by the heir to be an advancement. For this purpose, the property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of death of the decedent, whichever first occurs. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the intestate share to be received by the recipient's issue, unless the declaration or acknowledgement provides otherwise. (59 Del. Laws, c. 384, § 1; 70 Del Laws, c. 186, § 1.)

Delaware Code, Title 12, § 509

 

Debts owed to decedent

A debt owed to the decedent is charged against the intestate share of the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's issue. (59 Del. Laws, c. 384, § 1.)

Delaware Code, Title 12, § 510

 

[Reference - Delaware's Intestacy laws]

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If you die without a valid will while residing in the State of Connecticut, you are said to have died "intestate."  In order to determine who will receive your property if you die intestate, the State of Connecticut has established a number of laws (known as "intestacy laws" or "laws of intestate succession.") The primary statutes comprising these intestacy laws, or laws of intestate succession, are set forth below. For a more complete list, see Connecticut intestacy Laws | Intestate Succession statutes.

 

 

Distribution of intestate estates

      (a) After payment of expenses and charges, an intestate estate shall be distributed by the administrator or other fiduciary charged with the administration of the estate; provided the Court of Probate may, in its discretion, on its own motion or upon application by any interested person, appoint three disinterested persons to make the distribution.

      (b) If all the persons interested in the estate legally capable of acting and all fiduciaries for any other persons interested in the estate make and file in the court a division of the estate, made, executed and acknowledged like deeds of land, such division, being recorded in the records of the court, shall be a valid distribution of the estate. Any such fiduciary may petition the court of probate which appointed him for permission to enter into such a division, and such permission may be granted or, for cause shown, denied by the court, after a hearing on such petition held on such notice as the court may order.

      (c) If any intestate estate consists wholly of real property, the Court of Probate shall issue a certificate of descent to the heirs at law, as provided by section 45a-450, without formal distribution or without a mutual distribution as provided for in this section, unless there is filed in the Court of Probate, within one month after the acceptance of the administration account, the ascertainment of the distributees and the order of distribution, a mutual distribution executed by all of such heirs at law or a return of distribution as provided by this section.

Connecticut Intestacy Laws - General Statutes, § 45a-433

 

Intestate succession. Distribution to spouse

(a) If there is no will, or if any part of the property, real or personal, legally or equitably owned by the decedent at the time of his or her death, is not effectively disposed of by the will or codicil of the decedent, the portion of the intestate estate of the decedent, determined after payment of any support allowance from principal pursuant to section 45a-320, which the surviving spouse shall take is:

      (1) If there is no surviving issue or parent of the decedent, the entire intestate estate absolutely;

      (2) If there is no surviving issue of the decedent but the decedent is survived by a parent or parents, the first one hundred thousand dollars plus three-quarters of the balance of the intestate estate absolutely;

      (3) If there are surviving issue of the decedent all of whom are also issue of the surviving spouse, the first one hundred thousand dollars plus one-half of the balance of the intestate estate absolutely;

      (4) If there are surviving issue of the decedent one or more of whom are not issue of the surviving spouse, one-half of the intestate estate absolutely.

 (b) For the purposes of this section issue shall include children born out of wedlock and the issue of such children who qualify for inheritance under the provisions of section 45a-438.

Connecticut Intestacy Laws - General Statutes, § 45a-437

 

Distribution of intestate estate of child to father where paternity established after death

For the purposes of this chapter, the father of a child born out of wedlock shall be considered a parent, provided paternity is established (1) prior to the death of such father by a court of competent jurisdiction or (2) after the death of such father by the Probate Court, provided paternity established after death is ineffective to qualify the father or his kindred to inherit from or through the child unless it is demonstrated by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.

Connecticut Intestacy Laws - General Statutes, § 45a-438b

 

Distribution to children. Children born out of wedlock may inherit

(a) After distribution has been made of the intestate estate to the surviving spouse in accordance with section 45a-437, all the residue of the real and personal estate shall be distributed in equal proportions, according to its value at the time of distribution, among the children and the legal representatives of any of them who may be dead, except that children or other descendants who receive estate by advancement of the intestate in the intestate's lifetime shall themselves or their representatives have only so much of the estate as will, together with such advancement, make their share equal to what they would have been entitled to receive had no such advancement been made.

(b) Except as provided in section 45a-731, for purposes of intestate succession by, through or from a person, an individual is the child of his genetic parents, regardless of marital status of such parents. With respect to a child born out of wedlock, the father of a child born out of wedlock shall be considered a parent if (1) the father and mother have married after the child's birth, or (2) the father has been adjudicated the father of the child by a court of competent jurisdiction, or (3) the father has acknowledged under oath in writing that he is the father of the child, or (4) after the death of either the father or the child, paternity has been established by the Probate Court by clear and convincing evidence that the father has acknowledged in writing that he is the father of the child and has openly treated the child as his.

(c) For the purposes of this section legal representatives shall include legal representatives of children born out of wedlock, provided any such child qualifies for inheritance under subsection (b) of this section.

Connecticut Intestacy Laws - General Statutes, §45a-438

 

Distribution when there are no children or representatives of them

      (a) (1) If there are no children or any legal representatives of them, then, after the portion of the husband or wife, if any, is distributed or set out, the residue of the estate shall be distributed equally to the parent or parents of the intestate, provided no parent who has abandoned a minor child and continued such abandonment until the time of death of such child, shall be entitled to share in the estate of such child or be deemed a parent for the purposes of subdivisions (2) to (4), inclusive, of this subsection. (2) If there is no parent, the residue of the estate shall be distributed equally to the brothers and sisters of the intestate and those who legally represent them. (3) If there is no parent or brothers and sisters or those who legally represent them, the residue of the estate shall be distributed equally to the next of kin in equal degree. No representatives shall be admitted among collaterals after the representatives of brothers and sisters. (4) If there is no next of kin, then the residue of the estate shall be distributed equally to the stepchildren and those who legally represent them.

      (b) When any will executed prior to January 1, 1902, fails for any reason to dispose of the whole or any part of the estate of the testator, and such estate becomes intestate, the same shall be distributed in accordance with the statutes of distribution in force at the time such will was executed.

      (c) Real property subject to the life use of husband or wife, remaining undivided at the expiration of such life use, shall be distributed in the same manner by the same or other distributors, or the same may be distributed during the continuance of such life interest and subject thereto.

      (d) In ascertaining the next of kin in all cases, the rule of the civil law shall be used.

      (e) Relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood.

Connecticut Intestacy Laws - General Statutes, § 45a-439

 

When property escheats to the state. Procedure

When a probate court cannot identify or locate the person entitled to a distribution of property from an estate or trust being administered by it, or when a probate court determines that no person is entitled to any property on hand for distribution, the probate court shall order distribution of such property to the State Treasurer as abandoned property in accordance with the provisions of part III of chapter 32. A probate court shall cause reasonable efforts to be made to identify and locate the person entitled to the property for distribution before ordering distribution as abandoned property. Nothing in this section shall prevent a court of probate from approving an agreement pursuant to section 45a-434 provided all undetermined or missing distributees are represented by counsel and any such agreement is signed by such counsel.

Connecticut Intestacy Laws - General Statutes, § 45a-452

 

Other intestacy statutes

There are additional statutes pertaining to the distribution of intestate property in the State of Connecticut. To view those statutes, please click here.

 

[Reference - Connecticut Intestacy laws]

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