(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 section 45a-320, which the surviving spouse shall take is:

(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 section 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 section 45a-438b.

(P.A. 90-146, S. 10; P.A. 92-118, S. 4; P.A. 14-104, S. 3.)

History: P.A. 92-118 changed reference to “45a-437” to “45a-438”; P.A. 14-104 amended Subsec. (b) to designate existing provision re issue as Subdiv. (1) and amend same to redefine “issue”, add Subdiv. (2) re when father of child born out of wedlock is considered a parent, and make technical changes.

See Sec. 45a-436(g) re intestate share of surviving spouse who, without sufficient cause, abandoned the other and continued such abandonment to the time of the other's death.

Cited. 226 C. 51; 238 C. 839.

Cited. 34 CA 579.