Detailed Answer — How Vermont Intestate Rules Work and How to Claim Your Share

1. Basic principle: intestacy means the state’s rules decide who inherits

If someone dies without a valid will, Vermont’s intestacy laws determine who gets the estate. These laws set the order of heirs (for example: surviving spouse, children, parents, siblings, more distant relatives) and the shares each receives. The full statutory rules appear in Title 14 of the Vermont Statutes (Probate, Estates and Fiduciary Relations): Title 14, Vermont Statutes.

2. Typical order of inheritance (what usually happens)

While you should check the statute for precise rules, the common order is:

• Surviving spouse (if any) has priority in many situations.
• If there is no spouse, the decedent’s children generally inherit equally (including legally adopted children).
• If there are no children, the estate may pass to the decedent’s parents, then siblings, then more distant relatives.
• If the decedent has no identifiable heirs, the estate may escheat to the State of Vermont.

3. Practical steps to claim your share

1. Get a certified death certificate. You will need it for financial institutions and the court.
2. Identify assets and liabilities. Make a list of bank accounts, real estate, retirement accounts, life insurance, personal property, and outstanding debts. Look for titled assets and beneficiary designations — some assets pass outside probate (e.g., joint accounts, accounts with a named beneficiary, or transfer-on-death designations).
3. Determine whether probate is required. Small estates sometimes qualify for simplified procedures. Contact the Vermont Probate Division or review Title 14 for thresholds and procedures: Vermont Judiciary — Probate Division.
4. Open an estate (petition for appointment of an administrator) if needed. If probate is required, an interested person (often a close heir) files a petition in the Probate Division to appoint an administrator (also called a personal representative). The court issues letters of administration that authorize the administrator to collect assets, pay debts, and distribute property under Vermont law.
5. Administrator duties. The administrator must inventory the estate, notify creditors, pay valid claims and taxes, and then distribute the remaining assets according to the intestacy rules in Title 14.
6. Receive your share. After debts and court costs are paid and the court approves the final accounting, the administrator distributes the estate to the heirs. If you are an heir and dispute the distribution, you can object in probate court or seek counsel.

4. Small estate tools and non-probate collections

Some assets can be claimed without a full probate administration. Examples include:

• Bank accounts with POD (payable on death) or joint ownership.
• Life insurance or retirement plans with named beneficiaries.
• Small estate affidavit procedures (if available) to collect limited assets without formal probate. Check the Probate Division for Vermont’s specific small estate rules and forms: Vermont Probate Division.

5. Time limits, creditors, and taxes

The administrator must follow notice and claims procedures that give creditors a window to file claims. Estate income or estate tax obligations (if any) must be addressed before final distribution. Missing a required notice or failing to properly handle creditor claims can create personal liability for an administrator. See Title 14 for creditor-claim procedures and timelines: Title 14, Vermont Statutes.

6. What if heirs disagree or an heir cannot be located?

If heirs argue about shares or an administrator’s actions, the probate court resolves disputes. If an heir cannot be located, the administrator must follow statutory procedures for notice and may eventually distribute the share to other heirs or deposit the funds as directed by the court.

7. When to consult an attorney

Consider hiring an attorney if:

• The estate is large or includes complex property (business interests, extensive real estate, contested assets).
• Heirs dispute who is entitled to inherit or how assets should be distributed.
• There are creditor claims, possible tax issues, or potential personal liability for the administrator.

8. Example (hypothetical facts)

Hypothetical: Your mother lived in Vermont and died without a will. She had three adult children and no surviving spouse. Her estate includes a home, two bank accounts, and a modest retirement account with no named beneficiary. Under Vermont intestate rules, the three children would likely share the probate estate. One child files to be the administrator, inventories the assets, pays funeral and creditor claims, and the court approves a final distribution dividing the remaining estate equally among the three children. (This example simplifies many procedural and legal details; your situation may differ.)

9. Where to read Vermont law

Key resources:

• Vermont Statutes — Title 14 (Probate, Estates and Fiduciary Relations): https://legislature.vermont.gov/statutes/title/14
• Vermont Judiciary — Probate Division (procedures, local forms, and contact information): https://www.vermontjudiciary.org/court-records/probate-division

Important disclaimer: This is general information about Vermont law only and does not constitute legal advice. Laws change and each case turns on specific facts. Consult a Vermont-licensed attorney or the Probate Division for advice tailored to your situation.

Helpful Hints

• Start by getting multiple certified copies of the death certificate; banks and agencies require them.
• Collect documents that show ownership: deeds, account statements, titles, insurance policies, and any letters or records your parent left behind.
• Look for beneficiary designations and joint account details—those can bypass probate.
• Contact the Probate Division early for local filing requirements and forms: Vermont Probate Division.
• Keep careful records of all estate-related transactions and communications—these are needed for the inventory and final accounting.
• If someone asks you to be administrator, understand the duties and potential personal liability before you accept.
• If family members disagree, document your position, stay calm, and consider mediation or counsel to avoid costly litigation.