2011 Connecticut Code
Title 45a Probate Courts and Procedure
Chapter 802b Decedents' Estates
Sec. 45a-439. (Formerly Sec. 45-276). Distribution when there are no children or representatives of them.

      Sec. 45a-439. (Formerly Sec. 45-276). 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.

      (1949 Rev., S. 7060; P.A. 80-476, S. 324; P.A. 87-239; 87-355, S. 1; P.A. 91-64.)

      History: P.A. 80-476 divided section into Subsecs. and rephrased provisions; P.A. 87-239 amended Subsec. (a) by eliminating references to relatives of the whole and half blood and added Subsec. (e) providing "relatives of the half blood shall take the same share under this section that they would take if they were of the whole blood"; P.A. 87-355 amended Subsec. (a) by adding provision allowing distribution of estate residue to stepchildren and their legal representatives in cases where there is no next of kin; Sec. 45-276 transferred to Sec. 45a-439 in 1991; P.A. 91-64 amended Subsec. (a) by adding provision that no parent who abandoned a minor child and continued such abandonment until the death of such child shall be entitled to share in estate of such child or be deemed a parent for the purposes of Subsec. (a)(2) to (4), inclusive.

      See Sec. 45a-436 re survivor's succession upon death of spouse, election against will and intestate succession.

      See Sec. 46b-172(a) re establishment of paternity by acknowledgment.

      See Sec. 46b-216 re support of surviving spouse by heirs.

      Annotations to former section 45-276:

      Illegitimate children from same mother may inherit from each other. 2 R. 281. Prior to 1784 half-blood equally entitled to ancestral estate. 2 D. 112. "Next of kin" determined by rules of civil law. 3 D. 212. Law of domicile governs distribution of personal estate. 9 C. 199; 16 C. 133; 21 C. 582. Nephews and nieces take per stirpes. 25 C. 391. Real estate bought with avails of ancestral estate is not ancestral estate. 28 C. 339; 40 C. 449. Ancestor means one from whom estate immediately descended. 37 C. 405; 46 C. 123. Even former statute gave parent no right to inherit ancestral real estate. 38 C. 407; 58 C. 209. Illegitimate children are heirs through their mother of collateral kindred. 42 C. 509. Aliens take personal property under statute of distribution. 51 C. 439. Cited. 64 C. 54. Heirs tracing descent through aliens are not excluded. Id., 292. "Representatives" means lineal descendants taking per stirpes. 65 C. 89. Cited. 70 C. 211. Former provisions as to ancestral estate construed. 77 C. 310; 81 C. 171; 91 C. 12. Legitimacy of children under laws of state of parents' domicile at time of their birth is recognized here unless public policy or some positive law is violated. 90 C. 166. "Heirs at law" presumptively means those entitled to inherit under statute of distributions. 100 C. 335. Grandchildren of deceased brothers and sisters come within phrase "those who legally represent them". 115 C. 239. Former statute cited. Id., 273. Cited. 120 C. 108. Limitation of representation among collaterals to "brothers and sisters" means brothers and sisters of intestate, not brothers and sisters of surviving aunt. 160 C. 463. Cited. 174 C. 482. Cited. 194 C. 635. Cited. 213 C. 637.

      Cited. 7 CS 235; 10 CS 507; 22 CS 123; 26 CS 63. Cited. 31 CS 271.

      Subsec. (a):

      Subdiv. (1): Under current provisions of section right of parent to inherit from deceased minor child unaffected by parent's abandonment or neglect. 211 C. 121.