Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.
Detailed Answer
When someone dies without a valid will in Vermont, their estate passes through intestate succession. Vermont’s intestacy laws are found in 14 V.S.A. § 3501–3514. Under these rules, the state determines who inherits property and in what proportions.
1. Definition of Intestacy
Intestacy occurs when a decedent dies without a properly executed will or when a will is invalid in whole or in part. In that case, the court applies statutory rules instead of the decedent’s expressed wishes.
2. Priority of Heirs
Vermont ranks heirs in this order:
- Surviving spouse or civil union partner
- Descendants (children, grandchildren)
- Parents
- Siblings and their descendants
- Grandparents and their descendants
- Aunts and uncles
- Next of kin as defined by statute
See 14 V.S.A. § 3502 (defining “heirs”).
3. Distribution Shares
The share each heir receives depends on which categories of heirs survive the decedent. Key scenarios include:
- If there is a surviving spouse but no descendants, the spouse inherits the entire estate (14 V.S.A. § 3503).
- If there is a surviving spouse and descendants all of whom are also descendants of the spouse, the spouse inherits the entire estate (14 V.S.A. § 3503).
- If the decedent is survived by a spouse and descendants not of the spouse (e.g., children from another relationship), the spouse gets the first $100,000 plus one-half of the balance; the descendants share the remainder (14 V.S.A. § 3503).
- If there is no surviving spouse but there are descendants, they inherit the entire estate equally (14 V.S.A. § 3504).
- Absent spouse or descendants, assets pass to parents equally; if one parent is deceased, that parent’s share goes to their descendants (14 V.S.A. § 3505).
- If no parents or their descendants survive, the estate goes to siblings and their lineal descendants (14 V.S.A. § 3506).
- If none of the above exist, more remote relatives or, failing all, the State of Vermont inherits (14 V.S.A. § 3507).
4. Special Considerations
• Adopted children inherit as if biological (14 V.S.A. § 3501).
• Posthumous and pretermitted children receive shares under § 3508.
• Homestead allowance and family allowance can protect a surviving spouse and minor children (14 V.S.A. § 321–322).
Helpful Hints
- Gather a complete family tree, including adopted and step-relations.
- Check for other estate planning instruments—joint tenancy deeds, beneficiary designations.
- Consider filing for homestead allowance promptly to protect a spouse or minor children.
- Review Vermont’s probate filing deadlines to avoid estate administration delays.
- Consult an attorney early if intestacy estate value exceeds exemption thresholds.