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Connecticut Last Will and Testament

A Connecticut will needs two witnesses, not a notary. Build a free Connecticut last will and testament template online today. Attorney review available.

Introduction

A last will and testament is a legal document that states who receives your property when you die and names the executor (sometimes called a personal representative) who will settle your estate; it can also name a guardian for minor children. In Connecticut, Conn. Gen. Stat. Section 45a-251 requires the will to be in writing, signed by you (the testator), and attested by two witnesses who each sign in your presence. Connecticut does not require the will itself to be notarized, only witnessed, and the state has not adopted a self-proving affidavit, so admitting the will to probate typically requires testimony from the attesting witnesses. A gift to a witness, or to that witness's spouse, is void under Section 45a-258 unless the will is validly attested without that witness's signature or the witness is also an heir, so choose two disinterested witnesses. Connecticut does not recognize handwritten, unwitnessed (holographic) wills signed in the state; a will must meet the two-witness attestation rule, though a will validly executed under another state's or country's law may still be admitted here. Any person 18 years of age or older and of sound mind may make a will under Section 45a-250. You can revoke a will by a later will or codicil, or by burning, cancelling, tearing, or obliterating it, and dissolution of marriage automatically revokes provisions favoring a former spouse under Section 45a-257c.

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Key Things to Know

  1. 1

    A last will and testament is a legal document that states who receives your property and who will administer your estate (the executor) after you die; it can also name a guardian for minor children.

  2. 2

    Connecticut requires two witnesses. Conn. Gen. Stat. Section 45a-251 requires the will to be signed by the testator and attested by two witnesses, each subscribing in the testator's presence. Under Section 45a-258, a gift to a witness (or the witness's spouse) is void unless the will is validly attested without that witness's signature or the witness is also an heir, so use two witnesses who are not beneficiaries.

  3. 3

    Connecticut has no self-proving affidavit. Chapter 802a does not include a statutory self-proving affidavit form, so a Connecticut will is typically proved in Probate Court through the testimony of the attesting witnesses rather than a notarized affidavit.

  4. 4

    Handwritten (holographic) wills are not recognized. A holographic, unwitnessed will signed in Connecticut is not valid; Section 45a-251 requires attestation by two witnesses. Connecticut will admit a will that was validly executed under the law of the state or country where it was made.

  5. 5

    The will itself does not need a notary. Section 45a-251 requires two witnesses, not a notary, to make a will valid. Because Connecticut has no self-proving affidavit, a standard Connecticut will execution has no notarized step at all.

  6. 6

    You must be 18 and of sound mind. Section 45a-250 allows any person eighteen years of age or older, and of sound mind, to dispose of their estate by will.

  7. 7

    A will can be revoked several ways. Section 45a-257 allows revocation by a later will or codicil, or by burning, cancelling, tearing, or obliterating the will. Dissolution, divorce, or annulment automatically revokes gifts and fiduciary nominations favoring a former spouse under Section 45a-257c, unless the will expressly provides otherwise.

Key decisions before you file

Before you file a Last Will and Testament in Connecticut, a few decisions shape the document: which option to choose and what each one means. The Last Will and Testament guide walks through them.

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CONNECTICUT LAST WILL AND TESTAMENT

  1. DECLARATION AND REVOCATION OF PRIOR WILLS I, [YOUR FULL LEGAL NAME], a resident of [TOWN], Connecticut, being eighteen years of age or older and of sound mind (Conn. Gen. Stat. Section 45a-250), declare this to be my Last Will and Testament (my will). I revoke all prior wills and codicils that I have made.

  2. APPOINTMENT OF EXECUTOR I appoint [EXECUTOR NAME] of [TOWN], Connecticut, to serve as executor of my estate. If [EXECUTOR NAME] is unable or unwilling to serve, I appoint [SUCCESSOR EXECUTOR NAME] as successor executor. My executor shall have the authority the Probate Court allows to gather my assets, pay my debts and expenses, and distribute my estate under this will.

  3. DISPOSITION OF PROPERTY [INSERT specific gifts and bequests here: identify each item or amount of property and the beneficiary who receives it.]

  4. RESIDUARY CLAUSE I give all the rest, residue, and remainder of my estate, of whatever kind and wherever located, to [RESIDUARY BENEFICIARY NAME]. If [RESIDUARY BENEFICIARY NAME] does not survive me, I give my residuary estate to [ALTERNATE BENEFICIARY NAME].

  5. GUARDIAN FOR MINOR CHILDREN (if applicable) If I have a minor child at my death, I nominate [GUARDIAN NAME] of [TOWN], Connecticut, to serve as guardian of that child, and [ALTERNATE GUARDIAN NAME] as successor guardian if [GUARDIAN NAME] cannot serve.

  6. ATTESTATION I sign this will on [DATE] in the presence of the two witnesses below, and I ask them to sign as witnesses in my presence, as Conn. Gen. Stat. Section 45a-251 requires. Neither witness should be a beneficiary under this will: under Section 45a-258 a gift to a subscribing witness, or that witness's spouse, is void unless the will is legally attested without that witness's signature, or the witness is also an heir.

[YOUR FULL LEGAL NAME], Testator

WITNESS ATTESTATION The foregoing instrument was signed, published, and declared by the testator, [YOUR FULL LEGAL NAME], as the testator's Last Will and Testament, in our presence, and we, at the testator's request and in the testator's presence, and in the presence of each other, have subscribed our names as witnesses.

Witness 1 signature Print name: _____________________ Address: _______________________

Witness 2 signature Print name: _____________________ Address: _______________________

Note: This will is governed by Conn. Gen. Stat. Chapter 802a, Secs. 45a-250 to 45a-272. Connecticut requires two witnesses who each sign in the testator's presence (Section 45a-251); it does not require a notary for the will itself, and Connecticut has not adopted a self-proving affidavit, so this will does not include one. Do not name a beneficiary as a witness: under Section 45a-258 a gift to a subscribing witness (or that witness's spouse) is void unless the will is legally attested without that witness's signature or the witness is an heir. Dissolution, divorce, or annulment automatically revokes gifts and fiduciary nominations to a former spouse under Section 45a-257c unless this will expressly provides otherwise. This is a Connecticut skeleton for a last will and testament. For the complete, customizable template, see the full Last Will and Testament template.

Once your Last Will and Testament is ready, you can check whether it needs to be notarized in Connecticut in about a minute, and notarize it online through DocDraft if it does.

Connecticut Requirements for Last Will and Testament

Sign in the Presence of Two Witnesses

Conn. Gen. Stat. Section 45a-251 requires a Connecticut will to be in writing, subscribed by the testator, and attested by two witnesses, each of them subscribing in the testator's presence.

Do Not Use a Beneficiary as a Witness

Under Section 45a-258, a devise or bequest to a subscribing witness, or to that witness's spouse, is void unless the will is legally attested without that witness's signature, or the witness is also an heir to the testator. Use two disinterested witnesses to avoid voiding a gift.

No Notary Is Required for the Will

Section 45a-251 requires two attesting witnesses, not a notary, to make a Connecticut will valid. The will itself does not need to be notarized.

No Self-Proving Affidavit Is Available

Connecticut has not adopted a self-proving affidavit. Chapter 802a contains no statutory affidavit form that admits a will without witness testimony, so a Connecticut will is typically proved in Probate Court through the testimony of the attesting witnesses.

Handwritten (Holographic) Wills Are Not Valid

A holographic, unwitnessed will signed in Connecticut is not valid; Section 45a-251 requires attestation by two witnesses. A will validly executed under the law of the state or country where it was made may still be admitted to probate in Connecticut.

Testator Must Be 18 and of Sound Mind

Section 45a-250 allows any person eighteen years of age or older, and of sound mind, to dispose of their estate by will.

Revoke a Will by a Later Will or by Physical Act

Section 45a-257 allows revocation of a Connecticut will by a later will or codicil, or by burning, cancelling, tearing, or obliterating the will by the testator or by another person in the testator's presence at the testator's direction.

Divorce Revokes Gifts to a Former Spouse

Under Section 45a-257c, dissolution, divorce, or annulment automatically revokes any disposition or appointment of property to a former spouse, any power of appointment conferred on the former spouse, and any nomination of the former spouse as executor or other fiduciary, unless the will expressly provides otherwise.

Does your Last Will and Testament need to be notarized in Connecticut?

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Frequently Asked Questions

Connecticut requires two witnesses. Conn. Gen. Stat. Section 45a-251 requires the will to be signed by the testator and attested by two witnesses, each subscribing in the testator's presence. A gift to a witness or the witness's spouse is void under Section 45a-258 unless the will is validly attested without that witness's signature, or the witness is an heir, so use two witnesses who are not beneficiaries.

No. A Connecticut will needs two witnesses, not a notary. Section 45a-251 requires attestation by two witnesses signing in the testator's presence; there is no notary requirement for the will itself. Connecticut also has not adopted a self-proving affidavit, so there is no notarized affidavit step either; the will is typically proved through witness testimony in Probate Court.

No. Connecticut does not recognize holographic wills. A handwritten, unwitnessed will signed in Connecticut is not valid because Section 45a-251 requires attestation by two witnesses. A will validly executed under the law of another state or country where it was made may still be admitted to probate in Connecticut.

Sign a written will in the presence of two witnesses, who then sign in your presence as well, per Section 45a-251. You must be 18 or older and of sound mind (Section 45a-250). Name an executor to administer your estate, choose two disinterested witnesses so no gift is voided under Section 45a-258, and consider naming a guardian for any minor children.

A valid Connecticut will must be in writing, signed by the testator, and attested by two witnesses who each sign in the testator's presence, under Section 45a-251. The testator must be 18 or older and of sound mind (Section 45a-250). Connecticut does not require notarization of the will itself.

Connecticut has no self-proving affidavit. Unlike some states, Chapter 802a does not provide a statutory notarized affidavit that lets a will skip witness testimony at probate. A Connecticut will is typically proved through the testimony of the attesting witnesses in Probate Court.

You must be at least 18 years old and of sound mind. Section 45a-250 provides that any person eighteen years of age or older, and of sound mind, may dispose of their estate by will.

Under Section 45a-257, you can revoke a Connecticut will with a later will or codicil, or by burning, cancelling, tearing, or obliterating it yourself, or having someone do so in your presence at your direction. Divorce or annulment automatically revokes gifts and fiduciary nominations to a former spouse under Section 45a-257c, unless the will states otherwise.