How to Make a Valid Will in Connecticut

Who Can Make a Will in Connecticut?

You must be at least 18 years old to make a will in Connecticut. No statutory exceptions for emancipated minors. The testator must be of sound mind, understanding the nature and extent of their property, the natural objects of their bounty, and the disposition being made

Signing Requirements

Must be in writing. Can be typed, printed, or handwritten. The testator must personally sign the will.

Witness Requirements in Connecticut

Connecticut requires 2 witnesses. Must be competent witnesses; generally any person who is of sound mind. Witnesses must sign in the presence of the testator.

Interested witnesses: An interested witness does not invalidate the will, but the interested witness's bequest may be reduced to the intestate share unless there are two other disinterested witnesses

Notarization in Connecticut

Notarization is not required for a will to be valid in Connecticut. Not required for validity; used for self-proving affidavit

Self-Proving Affidavit

Connecticut allows a self-proving affidavit, which simplifies probate by eliminating the need for witnesses to testify in court. Attesting witnesses only (not the testator) make and sign an affidavit before any officer authorized to administer oaths in or out of the state (including a judge, clerk, notary public, or commissioner of the Superior Court), stating facts they would be required to testify to in court to prove the will; the affidavit is written on the will or attached to it, and the sworn statement is accepted by the Court of Probate as if taken before the court. The affidavit may be made at the testator's request or, after death, at the request of the executor or any interested person. (Conn. Gen. Stat. § 45a-285)

Handwritten (Holographic) Wills

Connecticut does not recognize holographic wills. Holographic wills are not recognized in Connecticut

Electronic Wills

Connecticut does not currently recognize electronic wills. Connecticut does not currently have an electronic wills statute

How to Revoke a Will in Connecticut

In Connecticut, a will can be revoked by:

• •Physical act of burning, cancelling, tearing, or obliterating the will by the testator or by some person in the testator's presence by the testator's direction
• •By a later will or codicil
• •By dissolution, divorce, or annulment of the testator's marriage after execution of the will, which revokes by operation of law any disposition or appointment of property to the former spouse, any provision conferring a general or special power of appointment on the former spouse, and any nomination of the former spouse as executor, trustee, conservator, guardian, or other fiduciary, unless the will expressly provides otherwise (Conn. Gen. Stat. § 45a-257c)

Conn. Gen. Stat. §§ 45a-257 and 45a-257c. Section 45a-257 also cross-references §§ 45a-257a through 45a-257d as governing additional circumstances (omitted spouse, omitted children, divorce revocation). Revocation by dissolution under § 45a-257c is revival-capable: provisions revoked solely by § 45a-257c are revived if the testator remarries the former spouse.

Special Provisions in Connecticut

Connecticut is a separate property state. Surviving spouse has a statutory right to elect against the will, receiving a life estate in one-third of the decedent's real and personal property. Connecticut has no forced heirship for children

Relevant Connecticut Statutes

• Conn. Gen. Stat. § 45a-250 (Who may make a will)
• Conn. Gen. Stat. § 45a-251 (Execution of wills)
• Conn. Gen. Stat. § 45a-257 (Revocation of wills)
• Conn. Gen. Stat. § 45a-285 (Self-proved wills)
• Conn. Gen. Stat. § 45a-436 (Elective share)