VT risk area
Intestacy risk in Vermont
How assets are distributed when there is no will and state default rules control the outcome.
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.
At a glance
Key takeaways
- 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.
- When heirs take by right of representation, the estate is divided into equal shares at the nearest generation with surviving heirs.
Questions to consider
Questions this risk area helps you evaluate in Vermont
- Who inherits first if there is no will?
- How do spouse and children shares change by scenario?
- What are the most common surprises families face?
State overview
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.
- When heirs take by right of representation, the estate is divided into equal shares at the nearest generation with surviving heirs.
Sources
- https://legislature.vermont.gov/statutes/section/14/042/00311
- https://legislature.vermont.gov/statutes/section/14/042/00314
Risk sources
- Uniform Probate Code (2019) - Intestate succession (Article II)
Article II, Part 1 covers intestate succession, spouse/descendant shares, and representation rules.
National sources provide baseline context; state statutes and court rules control in Vermont.