Connecticut § 45a-437 Intestate succession. Distribution to spouse.

Connecticut Statutes

§ 45a-437 — Intestate succession. Distribution to spouse.

Connecticut § 45a-437

Title 45aProbate Courts and Procedure

Ch. 802bDecedents' Estates

This text of Connecticut § 45a-437 (Intestate succession. Distribution to spouse.) is published on Counsel Stack Legal Research, covering Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Conn. Gen. Stat. § 45a-437 (2026).

Text

(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 iss

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(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: (1) Issue includes children who qualify for inheritance under the provisions of section 45a-438 and the legal representatives of such children; (2) A person shall be considered a parent if the person qualifies for inheritance from or through the child under the provisions of section 45a-438b . See Sec. 45a-436(g) re intestate share of surviving spouse who, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.

Madeline Fromageot, Individually, as Administrator of the Estate of Paul Fromageot, Natural Mother of (FF) (CF) (JPF) (SF), and as Trustee for the Fromageot Trusts (CF) (JPF) (SF) v. William J. Britt, Barbara Miller, Henri Fromageot, Juana Fromageot, Hartford Life, Dominic Caruso, Drew Bauman, Sharon Quinn, Michael Wernick

(D. Connecticut, 2025)

Richard Manufacturing Company, Inc. v. Richard

(D. Connecticut, 2021)

United States v. Shotkin

(D. Connecticut, 2021)

Shotkin v. United States

(D. Connecticut, 2021)

Legislative History

(P.A. 90-146, S. 10; P.A. 92-118, S. 4; P.A. 14-104, S. 3; P.A. 21-15, S. 102.) History: P.A. 92-118 changed reference to “45a-437” to “45a-438”; P.A. 14-104 amended Subsec. (b) to designate existing provision re issue as Subdiv. (1) and amend same to redefine “issue”, add Subdiv. (2) re when father of child born out of wedlock is considered a parent, and make technical changes; P.A. 21-15 amended Subsec. (b) by deleting “born out of wedlock” in Subdiv. (1) and by replacing “father of a child born out of wedlock” with “person” and making a conforming change in Subdiv. (2), effective January 1, 2022. Cited. 226 C. 51; 238 C. 839. Subsec. (a): A September 11th Victim Compensation Fund award is payment made directly to plaintiff in express contemplation of the absence of probate court supervision over plaintiff's receipt and use of the award and was not the property of the decedent or the decedent's estate, thus the Probate Court lacked jurisdiction over the award as part of its supervision of the administration of intestate estates under Subsec. 331 C. 385. Cited. 34 CA 579.