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Estate plan requirements

Connecticut

Everything your estate plan needs to be valid in Connecticut: execution requirements, the documents we generate, statutory citations, and the exact wording our generators insert.

Requirements at a glance

DocumentWitnessesNotary
Will2 requiredRecommended
Living trustNone requiredRecommended
Power of attorney2 requiredRecommended
Healthcare directive2 requiredNot required

Your complete Connecticut estate plan

Will, living trust, durable power of attorney, healthcare directive, and six more documents, all valid in Connecticut once signed the way Connecticut requires.

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Connecticut content last reviewed May 18, 2026.

News

Recent changes in Connecticut

RON

Connecticut permanent RON takes effect, estate documents excluded

Public Act 23-28 authorizes remote online notarization but explicitly excludes wills, codicils, trusts, powers of attorney, and healthcare instructions.

PA 23-28Source
1

Will

Conn. Gen. Stat. §45a-250 et seq.

Witnesses: 2 required

Two witnesses must sign in the presence of the testator

Notarization: Recommended

Not legally required, but recommended for self-proving affidavit

Holographic will: Not valid

Connecticut does not recognize handwritten wills without witnesses

Self-proving affidavit: Available

Allows the will to be admitted to probate without witness testimony

State-specific notes

•In Connecticut, a separate list of personal items written after you sign your will is not legally binding, so name each item and the person who gets it in the specific gifts section of your will before you sign.
•A gift in this will to a witness, or to that witness's husband or wife, is void unless the will is legally attested without that witness's signature or the recipient is also an heir to you; the witness may still serve as a witness. Choose two witnesses who, together with their spouses, take nothing under this will (Conn. Gen. Stat. §45a-258).
ViewWitness disqualification / interested-witness rule
Conn. Gen. Stat. §45a-258 (formerly §45-172): every devise or bequest to a subscribing witness, or to the husband or wife of a subscribing witness, is VOID unless the will is legally attested without that witness's signature or the devisee/legatee is also an heir to the testator; the witness's competency is not affected, and a witness's mere interest in a community/church/society/association/corporation beneficially interested in a devise does not affect either the devise or the witness's competency
2

Living Trust

Witnesses: None required

No formal execution requirements beyond settlor signature; notarization strongly recommended when funding real property

Notarization: Recommended

Not legally required for the trust document, but needed to transfer real property

Certification of trust: Conn. Gen. Stat. §45a-499zzz

Connecticut lets your trustee prove the trust to a bank, brokerage, title company, insurer, or transfer agent with a short certification instead of the trust itself. It states that the trust exists, who the trustee is, and what the trustee may do, and it leaves out who inherits and what each person receives. Will.com generates the Connecticut Certification of Trust with your trust, built to the contents that section requires. Sign it in front of the same notary, at the same sitting as the trust. The same section also says what happens if someone demands the trust itself anyway. Conn. Gen. Stat. §45a-499zzz(h) provides that a person making a demand for the trust instrument in addition to a certification of trust or excerpts is liable for damages, including legal fees and costs, if the court determines that the person did not act in good faith in demanding the trust instrument.

3

Durable Statutory Power of Attorney - Long Form

Conn. Gen. Stat. §1-350 et seq.

Last verified: 2026-08-28

Witnesses: 2 required

Connecticut requires 2 witnesses for power of attorney execution

Notarization: Recommended

Notarization is not legally required but is recommended, so banks and other third parties are more likely to accept it.

Key features of Connecticut POA

•Thirteen lettered subject categories, (A) through (M), appear in clause First of the statutory form, followed by (N) 'All other matters'. Striking out and initialing any one or more of (A) through (M) automatically eliminates (N) as well, so (N) is not a fourteenth co-equal category (Conn. Gen. Stat. §1-352)
•Nine optional estate-planning powers, (O) through (W), appear in the long form only and each requires the principal's separate initials: create, amend, revoke or terminate an inter vivos trust; make a gift; create or change rights of survivorship; create or change a beneficiary designation; waive the right to be a beneficiary of a joint and survivor annuity; exercise fiduciary powers the principal has authority to delegate; disclaim or refuse an interest in property, including a power of appointment; digital devices, digital assets, user accounts and electronically stored information; and intellectual property. They are the same nine acts an agent may perform only where the power of attorney expressly grants the authority. Authorizing another person to exercise the agent's authority was dropped from this list in 2017 by P.A. 17-91; a grant of general authority now carries that permission instead (Conn. Gen. Stat. §§1-351, 1-352)
•Use of a statutory form is permissive. A document substantially in the form of either the short form or the long form may be used to create a statutory power of attorney, and no provision of the Connecticut Uniform Power of Attorney Act bars the use of any other or different form the parties want. The notice to the principal is part of the statutory form, not a freestanding requirement (Conn. Gen. Stat. §1-352)
•Once the power of attorney has been delivered, and unless the power of attorney provides otherwise, a person accepts appointment as agent by exercising authority, performing duties, or any other assertion or conduct indicating acceptance. No notarized agent acknowledgment is required (Conn. Gen. Stat. §1-350l)
•Notarization recommended but not required for validity; acknowledgment creates a presumption that the principal's signature is genuine (§1-350d)

State-specific notes

•Requires two witnesses. Conn. Gen. Stat. §1-350d
•Notarization not required for validity but recommended; acknowledgment creates a presumption of genuineness under §1-350d
•Best practice: do not use the agent as a witness. Connecticut has no statutory bar (§1-350d is silent), but agent-as-witness creates self-attestation that can complicate later challenges
•Your agent accepts the appointment by exercising authority, performing duties as agent, or any other conduct indicating acceptance, but only once this power of attorney has been delivered, and only if this document does not provide otherwise. No notarized agent acknowledgment is required (Conn. Gen. Stat. §1-350l)
•Where the principal cannot sign, another person may sign in the principal's conscious physical presence at the principal's direction (§1-350d, as amended by P.A. 21-39)
ViewWarning notice for the principal
Notice: The powers granted by this document are broad and sweeping. They are defined in the Connecticut Uniform Power of Attorney Act, which expressly permits the use of any other or different form of power of attorney desired by the parties concerned. The grantor of any power of attorney, the agent or such other person or entities as authorized by statute may make application to a Probate Court for an accounting as provided in subsection (d) of section 45a-175 of the general statutes. This power of attorney does not authorize the agent to make health care decisions for you.
ViewStatutory categories (23)
General categories: A. Real property B. Tangible personal property C. Stocks and bonds D. Commodities and options E. Banks and other financial institutions F. Operation of entity or business G. Insurance and annuities H. Estates, trusts and other beneficial interests I. Claims and litigation J. Personal and family maintenance K. Benefits from governmental programs or civil or military service L. Retirement plans M. Taxes N. All other matters Powers that must be granted separately: O. Create, amend, revoke or terminate an inter vivos trust, provided in the case of a trust established for a disabled person pursuant to 42 USC 1396p (d)(4)(A) or 42 USC 1396p (d)(4)(C), the creation of such trust by an agent shall be only as permitted by federal law (Conn. Gen. Stat. §1-351) P. Make a gift, subject to the limitations of the Connecticut Uniform Power of Attorney Act and any special instructions in this power of attorney. Unless otherwise provided in the special instructions, gifts per recipient may not exceed the annual dollar limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), or if the principal's spouse agrees to consent to a split gift pursuant to Internal Revenue Code Section 2513, in an amount per recipient not to exceed twice the annual federal gift tax exclusion limit. In addition, an agent must determine that gifts are consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors (Conn. Gen. Stat. §1-351) Q. Create or change rights of survivorship (Conn. Gen. Stat. §1-351) R. Create or change a beneficiary designation (Conn. Gen. Stat. §1-351) S. Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan (Conn. Gen. Stat. §1-351) T. Exercise fiduciary powers that the principal has authority to delegate (Conn. Gen. Stat. §1-351) U. Disclaim or refuse an interest in property, including a power of appointment (Conn. Gen. Stat. §1-351) V. Exercise all powers I may have over any digital device, digital asset, user account and electronically stored information, including any user account and digital asset that currently exists or may exist as technology develops, whether the same is in my own name or that I own or lawfully use jointly with any other individual; such powers include, but are not limited to, changing and circumventing my username and password to gain access to such user accounts and information; transferring or withdrawing funds or other digital assets among or from such user accounts; opening new user accounts in my name; all as my agent determines is necessary or advisable. I hereby give my lawful consent and fully authorize my agent to access, manage, control, delete and terminate any electronically stored information and communications of mine to the fullest extent allowable under the federal Electronic Communications Privacy Act of 1986, 18 USC 2510 et seq., as amended from time to time, the Connecticut Revised Uniform Fiduciary Access to Digital Assets Act and any other federal, state or international privacy law or other law and to take any actions I am authorized to take under all applicable terms of service, terms of use, licensing and other account agreements or laws. To the extent a specific reference to any federal, state, local or international law is required in order to give effect to this provision, I specifically provide that my intention is to so reference such law, whether such law is now in existence or comes into existence or is amended after the date of this document (Conn. Gen. Stat. §1-351) W. With respect to any intellectual property interests of mine, including, without limitation, copyrights, contracts for payments of royalties and trademarks, act in all ways with respect to such interests as if my agent were the owner thereof, including, without limitation, registering ownership, transferring ownership and recording documents to effectuate or memorialize such transfer, granting and revoking licenses, entering, terminating and enforcing agreements, defending ownership and conferring agency upon professionals to represent my interests before governmental agencies, and in general, to exercise all powers with respect to the intellectual property that I could exercise if present (Conn. Gen. Stat. §1-351)
4

Health Care Instructions

Conn. Gen. Stat. §19a-575a et seq.

Witnesses: 2 required

Two witnesses required. Conn. Gen. Stat. §19a-576

Notarization: Not required

Notarization is not required but may be accepted

State-specific notes

•The person appointed as health care representative cannot act as a witness to this document and cannot sign it. As a drafting precaution, do not use an alternate representative as a witness either. Conn. Gen. Stat. §19a-576(a)
•Residents of Department of Mental Health and Addiction Services (DMHAS) facilities: at least one witness must not be affiliated with the facility, and at least one must be a physician, advanced practice registered nurse, or licensed clinical psychologist with specialized training in treating mental illness (§19a-576(b))
•Residents of Department of Developmental Services (DDS) facilities: at least one witness must not be affiliated with the facility, and at least one must be a physician, advanced practice registered nurse, or licensed clinical psychologist with specialized training in developmental disabilities (§19a-576(c))
•Operators, administrators, and employees of a hospital, residential care home, rest home with nursing supervision, or chronic and convalescent nursing home cannot be appointed as health care representative by a current or applicant patient or resident of one of those facilities; an administrator or employee of a government agency that is financially responsible for the person's medical care likewise cannot be appointed for that person. The restriction does not apply where the person is related to the principal by blood, marriage, or adoption. Conn. Gen. Stat. §19a-576(d)
•A physician or APRN cannot serve simultaneously as health care representative and attending physician/APRN for the same principal (§19a-576(e))
ViewWitness disqualification recital
Conn. Gen. Stat. §19a-576(a) requires only that the document be signed and dated in the presence of two adult witnesses who also sign it; the attestation that the maker appeared to be at least eighteen, of sound mind, able to understand the nature and consequences of health care decisions, and under no improper influence, is drawn from the statutory forms at §19a-575a and §19a-577. Apart from the facility rules, Connecticut does not impose the broader relative, heir, or healthcare-employee witness disqualifications that some other states' Living Will statutes adopt. If, at the time the directive is signed, the maker resides in a facility operated or licensed by the Department of Mental Health and Addiction Services, then under §19a-576(b) at least one witness must be an individual who is not affiliated with the facility and at least one witness must be a physician, advanced practice registered nurse, or licensed clinical psychologist with specialized training in treating mental illness. If, at that time, the maker resides in a facility operated or licensed by the Department of Developmental Services, then under §19a-576(c) at least one witness must be an individual who is not affiliated with the facility and at least one witness must be a physician, advanced practice registered nurse, or licensed clinical psychologist with specialized training in developmental disabilities. Under §19a-576(a) the person appointed as health care representative shall not act as a witness to its execution and shall not sign the document; as a drafting precaution, any alternate health care representative named should not sign as a witness either, since §19a-576(a) bars only the person appointed as representative.
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Disposition of Remains Authorization

Names the agent who controls funeral, burial, or cremation decisions, with optional preferences.

HIPAA Authorization

Stand-alone PHI release that survives death for the period you specify, separate from the in-life authorization in your healthcare directive. The free packet includes it too whenever it has a healthcare directive.

In this state: Connecticut's HIV-confidentiality statute is the reason this authorization says in terms that it is both a general authorization and an authorization for confidential HIV-related information: under Conn. Gen. Stat. §19a-581(9) a general medical-records authorization that does not indicate that dual purpose is not a release of confidential HIV-related information at all, and §19a-583(a) then bars the holder from disclosing those records to your agent.

Nomination of Conservator of the Person and Estate

Pre-nominates the person you want a court to appoint if a conservator (or guardian of the estate) is ever needed.

Business Succession Declaration

Identifies your interests in any closely-held businesses and how they should be transferred or wound down.

Real-Estate Retitling Checklist

Step-by-step instructions for transferring real-property deeds into your trust so the trust actually controls those assets.

Letter of Instruction

Non-binding personal note to your executor and family: where to find documents, account access, funeral wishes, and other practical guidance.

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Business succession declarationNot in freeIncluded in paid tier
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Electronic will status

Connecticut has not adopted electronic will legislation. A traditional paper will with physical signatures is required.

Digital assets access

Connecticut has adopted RUFADAA (2016). This is the Revised Uniform Fiduciary Access to Digital Assets Act, which lets your executor, trustee, or agent access your email, social media, cryptocurrency wallets, cloud storage, and other digital accounts after death or incapacity.

To take advantage of RUFADAA, your will, trust, or power of attorney must explicitly grant authority to access digital assets. Without explicit authorization, service providers can deny access even to a court-appointed executor.

Remote online notarization (RON)

Connecticut authorized RON in 2023. Connecticut PA 23-28 (effective October 1, 2023), codified at Conn. Gen. Stat. §3-95b(i), prohibits remote acknowledgment for (1) wills, codicils, trusts and trust instruments; (2) health care instructions under §19a-575a; (3) designations of a standby guardian under §45a-624; (4) designations of a person for decision-making under §1-56r; (5) living wills as defined in §19a-570; (6) powers of attorney as defined in §1-350a; (7) self-proving affidavits for an appointment of health care representative or for a living will (§§1-56r, 19a-578); (8) mutual distribution agreements under §45a-433; (9) agreements as to the division of an estate under §45a-434 (added by P.A. 24-97); (10) the execution of a disclaimer under §45a-479 or §45a-583, which is how §3-95b(i)(10) reads; §45a-583 is captioned 'Disclaimer of property passing under nontestamentary instrument' and §45a-479 is captioned 'Suspension of fiduciary powers during armed forces service'; and (11) real estate closings under §51-88a. Remote acknowledgment in violation of §3-95b(i) is ineffective and a violation of §51-88

Will

Not allowed

Trust

Not allowed

POA

Not allowed

Remote online witnessing (ROW)

For the paper documents Will.com produces, Connecticut does not allow remote online witnessing. Witnesses must be physically present when you sign.

Will

Not allowed

Trust

Not allowed

POA

Not allowed

HC Directive

Not allowed

This information is general in nature and not legal advice. Laws change. Consult a licensed estate planning attorney in Connecticut for guidance specific to your situation.

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