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FAQ: Wills
Providing Answers Regarding Wills And Estates
- Do I need a will in Connecticut?
- What makes a will valid in Connecticut?
- Can I write my own will, or do I need a lawyer?
- What happens if I die without a will in Connecticut?
- How often should I update my will?
- What is probate, and is it required in Connecticut?
- Can I disinherit someone in my will?
- How much does it cost to have a will prepared?
- What's the difference between a will and a trust?
- What assets can I include in my will, and what cannot be distributed through a will?
- Can I include funeral and burial instructions in my will?
Do I need a will in Connecticut?
While Connecticut law doesn’t require you to have a will, creating one is highly recommended for anyone who wants control over how their assets are distributed after death. Without a will, your estate will be distributed according to Connecticut’s intestacy laws, which may not align with your wishes. A will also allows you to name guardians for minor children and designate an executor to manage your estate.
What makes a will valid in Connecticut?
Connecticut requires that you be at least 18 years old and of sound mind to create a valid will. The will must be in writing and signed by you (or by someone else in your presence and at your direction). Two witnesses must also sign the will in your presence. Connecticut recognizes self-proving wills, which include notarized affidavits from witnesses that can expedite the probate process.
Can I write my own will, or do I need a lawyer?
Connecticut law allows you to write your own will, and handwritten (holographic) wills are valid if they meet the state’s execution requirements. However, working with an experienced wills attorney is strongly advised to ensure your will is properly drafted, executed, and reflects your intentions. A lawyer can help you avoid common mistakes that could invalidate your will or create disputes among beneficiaries.
What happens if I die without a will in Connecticut?
If you die intestate (without a will) in Connecticut, state law determines how your assets are distributed. Generally, your spouse and children receive priority, with specific percentages depending on your family situation. If you have no spouse or children, assets pass to parents, siblings, or more distant relatives. Without a will, you also lose the ability to name an executor or guardians for minor children.
How often should I update my will?
You should review your will every few years and update it after major life events such as marriage, divorce, the birth of children or grandchildren, significant changes in assets, or if you move to a different state. Connecticut law automatically revokes certain provisions if you divorce after creating a will, but it’s best to create a new will to reflect your current wishes.
What is probate, and is it required in Connecticut?
Probate is the legal process of validating a will and distributing assets under court supervision. In Connecticut, most estates must go through probate, though small estates valued under $40,000 may qualify for simplified procedures. The probate process typically takes several months to over a year, depending on the estate’s complexity. Certain assets like jointly owned property and accounts with designated beneficiaries can pass outside of probate.
Can I disinherit someone in my will?
Connecticut law generally allows you to disinherit anyone except your spouse, who has a right to claim an elective share of your estate (approximately one-third) regardless of what your will states. You can disinherit children or other relatives, though it’s advisable to explicitly state your intention in the will to prevent challenges. Consulting with an attorney ensures your will is structured to minimize the risk of successful contests.
How much does it cost to have a will prepared?
The cost of preparing a will in Connecticut varies based on your estate’s complexity and the attorney’s experience. Simple wills typically range from $300 to $1,000, while more complex estates with trusts or tax planning considerations may cost several thousand dollars. Many attorneys offer flat fees for basic estate planning packages. The investment in professional legal assistance often saves your beneficiaries significant time, money, and stress during probate.
What's the difference between a will and a trust?
A will takes effect only after your death and must go through probate, while a revocable living trust can manage your assets during your lifetime and allow them to pass to beneficiaries without probate. Trusts offer more privacy since they don’t become public record like wills do in probate court. Many people use both documents together as part of a comprehensive estate plan. Your attorney can help you determine which approach best suits your needs and goals.
What assets can I include in my will, and what cannot be distributed through a will?
Your will can distribute a wide range of assets that you own in your individual name at the time of your death. This includes real estate properties located in Connecticut or other states, bank accounts held solely in your name, personal property such as jewelry, vehicles, artwork, furniture, and collectibles, business interests in sole proprietorships or partnership shares, and any other assets titled in your name alone.
However, several important categories of assets cannot be distributed through your will because they pass directly to named beneficiaries or joint owners by operation of law. These include life insurance policies, which pay directly to the designated beneficiaries; retirement accounts like 401(k)s and IRAs, which pass to the beneficiaries named on the account documents; jointly owned property with rights of survivorship, which automatically transfers to the surviving owner; bank accounts or investment accounts with payable-on-death (POD) or transfer-on-death (TOD) designations; and assets held in a living trust, which are governed by the trust document rather than your will.
It’s crucial to coordinate your will with these beneficiary designations to ensure your overall estate plan works harmoniously. A common mistake is to carefully draft a will but forget to update beneficiary designations on retirement accounts or life insurance policies, which can result in assets passing to unintended recipients like ex-spouses. An experienced Connecticut wills attorney can review all your assets and help you create a comprehensive plan that ensures every asset passes according to your wishes, whether through your will, beneficiary designations, trusts, or other estate planning tools. They can also advise on strategies to minimize probate by using TOD or POD designations appropriately while maintaining the flexibility and control you need.
Can I include funeral and burial instructions in my will?
While you can include funeral and burial preferences in your Connecticut will, it’s not the most effective place for these instructions. Wills are often not reviewed until days or even weeks after death, which may be too late for your wishes to be carried out. Instead, consider creating a separate letter of instruction that you share with family members and your executor, and discuss your preferences with loved ones in advance. You might also consider pre-planning arrangements with a funeral home. Your will can still reference these wishes and designate funds to cover funeral expenses, but having instructions readily available outside the will ensures your preferences are known when decisions need to be made quickly.
