Connecticut Last Will and Testament

Creating a last will and testament is crucial in planning the distribution of your estate (assets, including real and personal property) after your death. Connecticut wills give the testator, the person writing the will, the opportunity to ensure that a spouse, children, other loved ones, and even pets are taken care of after his death. You may also choose to leave property or make other gifts to charitable organizations through your Connecticut will.

In contrast to a last will and testament, a living will dictates instructions to be followed should you become incapacitated and incapable of making decisions regarding your health and medical care. A living will would take effect during a person’s life if necessary, while a last will and testament does not take effect until after the testator’s death. Connecticut explicitly allows living wills.

Do you need a last will and testament?

Although a last will and testament is not legally required, without a will, state laws (called laws of intestacy) will determine the distribution of the deceased’s assets. The outcome may not coincide with the decedent's (the person who passed away) wishes, however, which means it is generally advisable to create a last will and testament.

One of the greatest benefits of having a last will and testament is that it allows the testator to choose the personal representative of the estate, the person who will be responsible for carrying out the wishes contained in the will; in the absence of a will, the courts would make the decision for you.

A testator can use a will for various purposes, but the most important is to express how assets such as real estate, vehicles, business holdings, and family heirlooms should be divided upon the testator’s death. A Connecticut last will and testament can also allow you to name someone as the legal guardian of your children.

Moreover, in addition to testamentary trusts (trusts that provide a benefit for people), Connecticut law specifically allows for the creation of a trust for the care of animals alive during the settlor’s lifetime (“pet trust”). Such a trust terminates upon the death of the last surviving animal and must designate a “trust protector” to act on behalf of the covered animals. A Connecticut will gives you the option of caring for your animals after your death in this manner.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person. Once the will is proven valid in probate court, the executor can then pay off any debts and taxes owed by the estate and then distribute the testator’s property according to the will.

The executor of a Connecticut estate must apply for admission of a will to probate and can proceed with winding up the estate, including paying off debts and taxes and distributing property, thereafter.

Small estates in Connecticut, those with a value of $40,000 or less, may be eligible to pass directly to heirs and bypass the probate process, but they must meet the strict requirements of Connecticut probate law.