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Spousal Elective Share Law in Connecticut

In Connecticut, a surviving spouse can elect a statutory share equal to a life estate in one-third of the property passing under the will, by filing notice with the Probate Court within 150 days after the decree admitting the will is mailed.

Last checked . General information, not legal advice.

Connecticut at a glance

Elective share
Life estate in 1/3 of property passing under the will
Measured after payment of debts and charges. It is a life interest, not outright ownership.
Deadline to elect
150 days after the probate decree is mailed
Counted from the mailing of the decree admitting the will to probate. Missing it bars the statutory share.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Connecticut

How much can a surviving spouse claim in Connecticut if left out of the will?

Elective share in Connecticut: Life estate in 1/3 of property passing under the will. Measured after payment of debts and charges. It is a life interest, not outright ownership.

What is the deadline to claim the elective share in Connecticut?

Deadline to elect in Connecticut: 150 days after the probate decree is mailed. Counted from the mailing of the decree admitting the will to probate. Missing it bars the statutory share.

Is Connecticut a community property state?

No. Community property state in Connecticut: no. Not on the IRS list of community property states.

Where do the Connecticut spousal elective share laws come from?

The rules above come from Conn. Gen. Stat. 45a-436. Each source is linked on this page. We last checked them in October 2026.

Good to know

The 150-day period is counted in days, so no month figure is given.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.