Wills Attorney in Connecticut

A last will and testament is the foundational document of almost every estate plan. It directs who receives your property when you pass away, who is responsible for administering your estate, and — if you have minor children — who should raise them.

A well-drafted Connecticut will does two things: it carries out your wishes, and it does so in a way that is hard to challenge. I help Connecticut families create wills that actually do both.

Call (860) 560-8382 or complete the contact form to schedule a consultation.

What a Will Does

The person making a will is the testator. Under Connecticut law, a will lets the testator:

• Direct how property is distributed to named beneficiaries
• Name an executor — the person responsible for administering the estate through Probate Court
• Name a guardian for minor children — one of the most important reasons parents of young children need a will
• Make specific gifts of particular items, sums of money, or assets to particular people or charities
• Provide for pets and other non-traditional concerns

A will takes effect only at death. It does not control any of your property or affairs during your lifetime.

What a Will Does NOT Do

A common misconception is that having a will avoids probate. It doesn't. A will is the instruction manual for probate — it still goes through the Connecticut Probate Court process, but with clear direction.

Other things a will does not do:

• Control assets that pass by beneficiary designation. Retirement accounts, life insurance policies, and bank or brokerage accounts with "transfer on death" or "payable on death" designations pass directly to the named beneficiary — your will does not override these. Uncoordinated beneficiary designations are one of the most common reasons estate plans fail.
• Govern jointly owned property. Real estate or accounts held in joint tenancy with right of survivorship pass directly to the surviving co-owner, regardless of what the will says.
• Plan for your own incapacity. If you are alive but unable to make decisions, a will cannot help. Incapacity planning requires a durable power of attorney and a health care representative designation — separate documents.
• Automatically avoid estate tax. For most Connecticut families, estate tax is not an issue (the Connecticut exemption is $15 million per person in 2026), but for those whose estates approach that threshold, specialized planning is required.

A complete estate plan coordinates your will with your beneficiary designations, your titling, and your incapacity documents. The will alone is not the whole plan.

What Makes a Will Valid in Connecticut

Under Conn. Gen. Stat. § 45a-251, a Connecticut will must be:

• In writing (Connecticut does not recognize oral or handwritten-without-witnesses "holographic" wills)
• Signed by the testator at the end of the document
• Attested by two witnesses, each of whom must sign the will in the testator's presence

A few Connecticut-specific execution points worth knowing:

Witnesses should be disinterested. Under Conn. Gen. Stat. § 45a-258, if a witness is also a beneficiary under the will, any gift to that witness (or to that witness's spouse) is generally void. A Connecticut will witnessed by an interested beneficiary is not entirely invalid — but the gift to that beneficiary may be. Using two disinterested witnesses avoids the issue entirely.

Notarization is not required for validity — but including a self-proving affidavit under Conn. Gen. Stat. § 45a-285 is strongly recommended. A self-proving affidavit is a separate statement signed by the witnesses before a notary, attesting that the will was properly executed. Without it, the Probate Court may need to track down the original witnesses to prove the will — potentially years later, when they may have moved, become incapacitated, or passed away themselves. With it, the will is generally admitted to probate without that step.

Testamentary capacity means the testator understood, at the time of signing, the nature of their property, the natural objects of their bounty (close family), and the effect of the will. Capacity is not all-or-nothing — a person with some cognitive decline may still have capacity for a simple will, while the same person may lack capacity for more complex planning. This is a real issue with aging clients and is worth addressing sooner rather than later.

No undue influence, fraud, or duress. A will signed under pressure, manipulation, or deceit can be challenged and set aside in Probate Court.

If You Die Without a Will — Connecticut Intestacy

If you pass away without a valid will, you are said to have died intestate, and Connecticut's intestate succession statutes (Conn. Gen. Stat. § 45a-437 through § 45a-439) dictate who inherits — not you.

Some consequences worth knowing:

• Your spouse does not automatically inherit everything. If you have children from a prior relationship, Connecticut's intestate rules split the estate in fixed statutory shares between your spouse and those children.
• Unmarried partners inherit nothing. Connecticut intestacy law does not recognize long-term unmarried partners, regardless of how long you've been together.
• Estranged family members may inherit. If you've been estranged from a sibling, parent, or child for years, Connecticut intestacy does not care — they may still receive a share.
• Guardianship of minor children is decided by the Probate Court, without the benefit of your stated preference.
• Assets may escheat to the state if no heirs can be located.

Intestate estates also typically take longer to administer, cost more, and create more opportunity for family conflict.

Why DIY Wills Fail

Online will platforms are inexpensive, and for some very simple situations they can produce a valid document. But I see the same problems repeatedly when families bring me DIY wills to review:

• Execution errors. Witness procedure is the single most common DIY failure. Two witnesses were not present together. A witness was also a beneficiary. The testator signed somewhere other than the end of the document. A Connecticut will that wasn't executed correctly may not be admitted to probate, no matter how thoughtful the content.
• No self-proving affidavit. Many online platforms produce a will without one. Years later, when the testator has passed and the executor needs to prove the will, the witnesses are nowhere to be found.
• Generic or out-of-state language. Online templates often include provisions drafted to satisfy the lowest-common-denominator requirements across fifty states — which can create ambiguity under Connecticut law specifically.
• Ambiguous bequests. "I leave my house to my children" sounds clear until you have three children and one lives in the house, or until the house has been refinanced, sold, or replaced. Specificity matters.
• Beneficiary-designation conflicts. The online form doesn't ask about your 401(k), life insurance, or jointly held accounts. Those pass independently, and your DIY will may unintentionally conflict with them.
• No incapacity planning. Most online will packages don't include a proper Connecticut power of attorney, health care representative designation, or living will. You end up with only part of what you actually needed.

I'm not opposed to DIY tools as a starting point for thinking. But the cost of getting a Connecticut will done properly by an attorney is typically far less than the cost of cleaning up a defective DIY will after someone has passed away.

When to Update Your Will

A will is not a "set it and forget it" document. Connecticut law recognizes this — under Conn. Gen. Stat. § 45a-257c, a divorce automatically revokes any provision in your will that leaves property to your former spouse or names them as executor, unless you specifically stated otherwise.

Life events that should prompt a will review include:

• Marriage, divorce, or the death of a spouse
• Birth or adoption of a child or grandchild
• Significant changes in assets — a home purchase, inheritance, business sale, or major investment
• A move to or from Connecticut
• Death or changed circumstances of a named executor, guardian, or beneficiary
• Estrangement or reconciliation with a named beneficiary
• Changes in Connecticut or federal estate law

As a general rule, I recommend families review their wills every three to five years, and any time a significant life event occurs.

Choosing an Executor and Guardian

Two of the most important choices in a will are not about property at all — they are about people.

Your executor is the person who will administer your estate through the Connecticut Probate Court. They will pay debts and taxes, inventory assets, file required paperwork, and distribute property to beneficiaries. The best executor is someone who is organized, trustworthy, and able to handle paperwork under time pressure. They do not need to be a financial or legal expert — I can help an executor through the probate process — but they do need to be dependable. Naming an out-of-state executor is possible but creates logistical complications; a local executor is usually preferable.

A guardian for minor children is one of the single most important decisions a parent can make, and one that many parents put off because it feels impossible to choose. I'll walk you through the considerations — values, stability, willingness to serve, geographic proximity, relationship with your children — and help you make a decision you can live with. Naming a guardian in your will is a recommendation to the Probate Court; the court makes the final decision, but your documented choice carries substantial weight.

Testamentary Trusts Within a Will

For parents of minor children, one of the most important provisions a will can include is a testamentary trust — a trust that comes into existence only at your death, through the will itself.

The concern it addresses is practical: if both parents pass away while a child is young, state law generally requires that the child's inheritance be held and managed until the child reaches age 18. At 18, the full inheritance is distributed outright — often to a young adult who is not equipped to manage a significant sum of money.

A testamentary trust lets you:

• Set a more appropriate distribution age — many families choose staggered distributions (for example, a portion at 25, another at 30, the balance at 35) rather than a lump sum at 18
• Name a trustee — the person responsible for managing the funds for your child's benefit until the distributions occur
• Set guidelines for how funds may be used — education, health care, living expenses, housing
• Protect an adult child with special circumstances — for example, a child with a disability, a child dealing with addiction recovery, or a child going through divorce

A testamentary trust lives inside the will and takes effect when the will is admitted to probate. It's a simpler structure than a full revocable living trust, and for many young families, a will with a well-drafted testamentary trust is the right plan — without needing a separate trust document.

How I Work With Clients

I keep the process straightforward:

1. Initial consultation — We talk about your family, your assets, and what you're trying to accomplish. No pressure.
2. Flat-fee engagement — For most will-based plans, I work on a flat fee so you know what you're paying before we begin.
3. Drafting and review — I prepare your documents and walk you through each one before you sign.
4. Proper execution — We execute your will with the correct Connecticut formalities: two disinterested witnesses, self-proving affidavit, signed and notarized. Done right the first time.
5. Follow-up — Life changes. I'll tell you at the outset when your plan should be reviewed, and I'm available when those changes happen.

Schedule a Consultation

If you don't have a will, or if you have one that hasn't been updated in years, let's talk. Call (860) 560-8382 or complete the contact form to schedule a consultation.

Law Office of Aakash Sharma, LLC 750 Main Street, Suite 100 Hartford, CT 06103 (860) 560-8382 [email protected]

Aakash Sharma is admitted to practice in Connecticut. This page is attorney advertising. The information provided is for general informational purposes only and is not legal advice. Submitting a contact form does not create an attorney-client relationship.