VT risk area
Complexity triggers in Vermont
Scenarios that increase estate risk, such as blended families or multi-state property.
Vermont provides an elective share for surviving spouses and a homestead allowance that can override will provisions.
Which situations create the most risk here?What types of families face higher default exposure?Where do disputes most often arise?
At a glance
Key takeaways
- 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.
Questions to consider
Questions this risk area helps you evaluate in Vermont
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
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.
Sources
- https://legislature.vermont.gov/statutes/section/14/042/00319
- https://legislature.vermont.gov/statutes/section/14/042/00313
Risk sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Vermont.