How Vermont Treats Joint Bank Accounts and Property When Someone Dies Without a Will
Short answer
If a Vermonter dies without a will, the legal result depends on how each asset is titled and whether there is a designated beneficiary. Assets titled as joint with right of survivorship or as payable-on-death (POD) typically pass directly to the surviving owner or beneficiary outside probate. Property titled solely in the decedent’s name generally goes through intestate succession under Vermont law and may require probate or a small‑estate procedure. Creditors can still make claims against the estate.
Detailed answer — how things normally work in Vermont
1. Understand the different ways property is owned
- Joint accounts or jointly titled property with survivorship rights: When two or more people hold property as joint tenants with right of survivorship (JTWROS) or as tenants by the entirety (for married couples), the surviving owner usually becomes the sole owner automatically when one owner dies. The asset commonly passes outside probate.
- Payable-on-death (POD) or transfer-on-death (TOD) designations: Financial accounts or securities that list a payable-on-death or transfer-on-death beneficiary pass to the named beneficiary directly when the bank or custodian receives a certified death certificate, without probate.
- Tenants in common or sole title: If property is owned as tenants in common, or is titled solely in the decedent’s name, that decedent’s share does not automatically pass to the other co‑owner. That share is part of the decedent’s estate and is distributed under Vermont’s intestacy rules.
2. What “dying without a will” (intestate) means in Vermont
Dying intestate means the decedent left no valid will. Vermont law then sets a priority order for who inherits (commonly spouse, children, parents, siblings, and more distant relatives). The specific distribution depends on who survives the decedent and how many heirs there are. See Vermont statutes for details on intestate succession: Vermont Statutes, Title 14 (Probate).
3. What happens to jointly held bank accounts
- If the account is a true joint account with right of survivorship, the surviving co‑owner generally becomes the sole owner immediately. The bank will typically require a death certificate and identification before releasing funds.
- If the account names a POD beneficiary, the funds go to that beneficiary on proof of death, bypassing probate.
- If an account is joint but lacks clear survivorship language, or if the bank’s form creates uncertainty, the bank may freeze the account until it receives instructions from a probate court or until heirs resolve the dispute. Banks follow their account agreement and applicable state law.
4. What happens to jointly owned real estate
- Tenancy by the entirety (married couples): In many cases, a spouse who owns property by the entirety becomes sole owner automatically at the other spouse’s death.
- Joint tenancy with right of survivorship: Surviving joint tenants usually receive full ownership outside probate.
- Tenants in common: The decedent’s undivided share passes through intestate succession; the surviving co‑owner does not automatically gain full title.
5. When does probate apply?
Assets that pass automatically (survivorship titles, POD/TOD) avoid probate. Assets titled solely in the decedent’s name typically go through probate unless a small‑estate procedure applies. Vermont has probate and small‑estate rules; the local Probate Division handles administration. For more on starting probate or small‑estate procedures, see the Vermont Judiciary probate information: Vermont Judiciary — Probate Division and consult Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.
6. Creditor claims and taxes
Even if an asset passes outside probate, creditors may have the ability to make claims against the decedent’s estate. Probate administration establishes a process for notifying creditors and paying valid claims. Taxes and final bills must still be addressed; consult tax professionals or an attorney about estate tax and final income tax obligations.
7. Common complications
- Banks disagreeing about account ownership when paperwork is ambiguous.
- Real property with conflicting deeds or unclear tenancy language.
- Family disputes over whether an account was intended as a gift or as a convenience account.
- Unfiled or missing beneficiary designations.
Illustrative hypothetical
Facts: Alex dies in Vermont with no will. Alex had: (1) a bank account titled “Alex and Sam, JTWROS”; (2) a brokerage account with a POD beneficiary named Taylor; (3) a house titled solely in Alex’s name; and (4) a vehicle titled jointly as tenants in common with Jordan.
Outcomes: (1) The JTWROS bank account will normally transfer to Sam upon proof of Alex’s death; (2) the brokerage account will transfer to Taylor as POD beneficiary; (3) the house (sole title) becomes part of Alex’s estate and will be distributed under Vermont intestate succession after probate or via a small‑estate process if eligible; (4) Alex’s share of the vehicle (tenants in common) will pass through intestacy to Alex’s heirs, not automatically to Jordan.
Practical steps to take if someone dies without a will in Vermont
- Obtain multiple certified copies of the death certificate from the local registrar.
- Gather account statements, deeds, titles, and beneficiary forms to determine how each asset is titled.
- Contact financial institutions to learn their requirements for releasing funds; provide a death certificate and letters from probate if requested.
- Check for beneficiary or POD/TOD designations on retirement, life insurance, and investment accounts.
- Contact the Probate Division in the county where the decedent lived to determine whether probate or a small‑estate affidavit is necessary: Vermont Judiciary — Probate Division.
- Consider consulting a Vermont probate attorney if titles are unclear, if there are sizable assets, or when disputes or creditor claims arise.
Helpful Hints
- Do not assume a joint account always means the survivor “owns” all funds — check the account agreement and get the bank’s written policy.
- Keep beneficiary designations up to date; they override a will and can move assets outside probate.
- If you find property titled solely in the decedent’s name, begin the probate process promptly to protect the estate and address creditor claims.
- Collect and preserve documentation: deeds, account statements, insurance policies, and tax returns speed administration and reduce conflict.
- If parties disagree, consider mediation or talk with an attorney before spending estate funds or transferring property.
- Use the Vermont Statutes (Title 14) and the Vermont Probate Division resources to learn the formal steps and required forms: Vermont Statutes, Title 14 and Vermont Judiciary — Probate Division.