VT risk areas
Vermont estate risk areas
These pages explain how default state rules in Vermont shape inheritance, probate, guardianship, taxes, and complexity. Start with the risk area that matches your biggest concern.
How to use this guide
- Read the risk summaries to understand default outcomes.
- Open a risk guide for state-specific details and sources.
- Use this as education, not legal advice.
Intestacy risk
Vermont intestacy gives the surviving spouse the entire estate in some cases, or one-half when the decedent leaves descendants not shared with the spouse, with the remainder passing to descendants or other heirs by representation.
- If there are no descendants or all descendants are also the spouse's, the spouse inherits the entire intestate estate.
- If the decedent leaves descendants not of the spouse, the spouse receives one-half of the intestate estate.
- The balance passes to descendants by right of representation; if none, to parents, then siblings, then grandparents, then next of kin.
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Probate risk
Vermont allows a small-estate probate process for personal-property estates under a statutory cap.
- The estate must consist entirely of personal property with a fair market value of $45,000 or less.
- A small estate is opened by filing a petition, list of interested persons, inventory, death certificate, and required affidavits.
- Small estate filings require a petition with inventory and a list of interested persons.
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Tax exposure
Vermont imposes an estate tax on Vermont taxable estates above $5,000,000, at a rate of 16% on the excess.
- No Vermont estate tax applies to Vermont taxable estates under $5,000,000.
- The Vermont estate tax rate is 16% on the amount over $5,000,000.
- State estate tax thresholds are separate from the federal exemption and can be lower; confirm current exclusion and filing requirements.
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Guardianship risk
Vermont allows parents or interested persons to petition for guardianship, and parents may appoint guardians by will, with the court retaining oversight.
- A parent or interested person may petition the Probate Division for appointment of a guardian for a minor.
- Either parent may be granted custody if found competent and suitable by the court.
- Either parent may appoint a guardian by will, subject to probate court oversight.
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Complexity triggers
Vermont provides an elective share for surviving spouses and a homestead allowance that can override will provisions.
- A surviving spouse may elect to take one-half of the decedent’s estate subject to election.
- A homestead allowance is available for the spouse or minor children and has priority over most claims.
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