What happens when someone dies without a will?
Losing a loved one is never easy — and discovering they didn't leave a will can feel like an unexpected gut punch on top of the grief. If your family is facing this situation in Connecticut, you're not alone, and there is a clear path forward.
You're not alone — this is more common than people realize.
According to a 2024 survey by Caring.com, roughly two-thirds of American adults don't have a will. In Connecticut, the number is similar — many families discover after a loved one passes that no estate plan was ever put in place.
When that happens, the estate enters what's called intestate succession — a legal process where Connecticut's statutes determine who inherits what. It's not a punishment or a failure; it's simply the state's default framework for distributing assets when someone hasn't made those decisions themselves.
The important thing to know is that the probate process still moves forward. A home can still be sold. Assets can still be distributed. It just follows a different set of rules — and having the right guidance makes all the difference. For a comprehensive look at the process, see our frequently asked questions about probate.
How Connecticut's intestate succession works.
Connecticut follows a structured hierarchy for distributing assets when there's no will. The specifics are outlined in the Connecticut General Statutes (§§ 45a-437 through 45a-438), and the order of inheritance generally looks like this:
Surviving spouse with children
The surviving spouse receives a statutory share — typically the first $100,000 of the estate plus a portion of the remaining balance. The children inherit the rest, divided equally among them. This means a family home may need to be sold to satisfy the distribution, or the spouse may be able to buy out the children's shares.
Surviving spouse, no children or parents
If there are no children or surviving parents, the spouse inherits the entire estate. This is often the simplest scenario, though probate is still required to transfer ownership of real estate.
No spouse or children
Parents inherit first, followed by siblings, then more distant relatives. If no heirs can be found, the estate may eventually pass to the state of Connecticut — though this is rare and typically only happens after extensive efforts to locate family.
Important: These rules apply only to assets owned solely in the deceased person's name. Property held in a trust, jointly owned with right of survivorship, or with a named beneficiary (like life insurance or retirement accounts) typically passes outside of probate — regardless of whether a will exists.
What this means for the family home.
If your loved one owned a home in Connecticut and it was solely in their name, the property becomes part of the estate and must go through probate. Here's what that typically looks like in practice:
The court appoints an administrator
Since there's no will naming an executor, the probate court appoints an administrator — usually a spouse, adult child, or other close family member. This person must post a probate bond and act in the best interest of all heirs.
The property is identified and valued
A fair market valuation of the home is needed to understand the estate's total value and to fulfill the administrator's fiduciary duty. This also helps determine how proceeds should eventually be divided among heirs.
A sale may be necessary
If there are multiple heirs or outstanding debts, selling the home is often the most practical path. The administrator petitions the court for permission to sell, and once approved, the sale follows Connecticut's standard probate sale procedures.
Proceeds are distributed by law
After the sale, debts and taxes are paid, and the remaining proceeds are distributed to heirs according to Connecticut's intestate succession statutes — not according to anyone's personal wishes, since there's no will to guide the process.
Why timing matters in today's New Haven market.
The greater New Haven area continues to see strong demand and rising home values. As of mid-2025, the New Haven County median home price reached approximately $370,000, up nearly 9% year-over-year. In nearby Hamden, median prices have climbed to around $350,000, and Branford has seen even steeper gains — with medians approaching $490,000 in some reports.
What this means for families dealing with an intestate estate: the market is favorable for sellers right now. Inventory remains tight across the region, and well-priced homes are attracting multiple offers. If there's a family home that needs to be sold, acting sooner rather than later can make a meaningful difference in the final sale price — and in how quickly the estate can be settled.
That said, there's no need to rush into a decision before you're ready. The probate process allows time for proper valuation, court approvals, and family discussions. The key is starting the process so that you have options.
~$370K
New Haven County median price
+8.8%
Year-over-year price growth
Low
Inventory across the region
Video Transcript — Common Probate Challenges
Hi, I'm Rob Clarke with Coldwell Banker Realty, and this is Probate Video #5. Let's talk about some common challenges you may face. Probate sales can come with a few hurdles. Delays in court approvals can extend timelines. Multiple heirs may have different opinions about pricing or selling. In some cases, the property may need repairs or updates before it's ready for the market. The key is staying organized, communicating clearly, and having a plan in place to handle each step efficiently.
When there's no will, challenges multiply.
Dying without a will is one of the most common — and most stressful — probate challenges families face. This video covers additional hurdles that come up during the process, from court delays to disagreements among heirs about pricing or selling.
Having someone who's walked other families through these situations makes a real difference. You don't have to figure it all out on your own.
Practical steps you can take right now.
Don't panic — the process has a roadmap
Connecticut's intestate succession laws are well-defined. The court will guide the process, and there are professionals — including real estate agents who specialize in probate — who can help you navigate each step. Learn more about Robert Clarke's background and the experience he brings to these situations.
File within 30 days
Connecticut requires that probate be initiated within 30 days of death. An interested party — typically a spouse, child, or other close relative — files a petition with the appropriate probate court. For New Haven residents, that's the New Haven Probate Court.
Gather important documents
Locate the death certificate, any financial accounts, property deeds, insurance policies, and tax returns. Even without a will, these documents are essential for the administrator to fulfill their duties.
Get a property valuation early
If there's real estate involved, understanding its current market value helps with court filings, estate planning, and family discussions. I provide this as a no-obligation service for families across Connecticut.
Communicate with family
When there's no will, the estate is distributed by law — not by anyone's wishes. Early, open conversations among heirs can prevent misunderstandings and make the process smoother for everyone involved.
How I help families in this situation.
As a systems engineer turned real estate agent, I bring a methodical, organized approach to what can otherwise feel like chaos. I've helped families throughout Connecticut navigate probate sales — including cases where no will existed — and I understand both the legal framework and the emotional weight of these situations.
My role is to handle the real estate side so you can focus on your family. That includes coordinating with your probate attorney, providing accurate market valuations, managing the listing and sale process, and keeping you informed at every step.
No will doesn't mean no way forward.
If your family is dealing with the loss of a loved one and a home that needs attention, I'm here to help you understand your options — with patience and no pressure.
Get in Touch