(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 § 45a-320, which the surviving spouse shall take is:
Terms Used In Connecticut General Statutes 45a-437
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Decedent: A deceased person.
- Intestate: Dying without leaving a will.
(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 born out of wedlock who qualify for inheritance under the provisions of § 45a-438 and the legal representatives of such children;
(2) A father of a child born out of wedlock shall be considered a parent if the father qualifies for inheritance from or through the child under the provisions of § 45a-438b.