Detailed Answer
When someone dies without a will in Vermont, the court follows rules in Title 14, Chapter 113 of the Vermont Statutes Annotated to identify assets, inventory them, and distribute property to heirs.
Appointment of a Personal Representative
The probate court appoints a personal representative to handle the estate. The representative collects assets, pays debts, and manages the sale or transfer of property. See 14 V.S.A. § 342.
Identifying Real Property and Personal Assets
The representative locates all real property (land, buildings) and personal property (bank accounts, vehicles, jewelry). They check deeds, account statements, insurance policies, and safe deposit boxes. A complete list protects the estate and ensures fair distribution.
Inventory and Appraisal Requirements
Within 90 days of appointment, the representative files an inventory and appraisal of the estate’s assets with the probate division. The valuation uses the fair market value on the date of death. See 14 V.S.A. § 341.
Distribution Under Vermont Intestacy Law
Vermont divides assets according to a hierarchy:
- If the decedent leaves a spouse but no descendants, the spouse receives the entire estate. (14 V.S.A. § 332)
- If the decedent leaves a spouse and descendants of the decedent and spouse, the spouse inherits the first $150,000 plus half of the remaining estate. Descendants split the rest. (14 V.S.A. § 332)
- If the decedent leaves descendants but no spouse, descendants inherit the entire estate by representation. (14 V.S.A. § 333)
- If no spouse or descendants, parents or nearest relatives inherit. (14 V.S.A. § 334–14 V.S.A. § 335)
Example: Jane dies owning a house worth $300,000 and cash assets of $100,000. She leaves a spouse and two children. The spouse receives $150,000 plus half of the $250,000 balance ($125,000), totaling $275,000. The children split the remaining $125,000 equally.
Disclaimer: This article is for informational purposes only. It does not offer legal advice.
Helpful Hints
- Start the probate process in the county where the decedent lived.
- Gather deeds, account statements, and title documents early.
- Appoint a neutral, organized representative.
- Keep detailed records of every asset and expense.
- Consult an attorney for complex estates or disputes.