Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Vermont law, when a person dies without a valid will (intestate), their assets distribute according to 14 V.S.A. § 2622. A surviving spouse generally inherits either the entire estate (if no descendants) or one-half of the net intestate estate (if there are descendants). However, Title 14 V.S.A. § 2627 allows a surviving spouse to elect a life estate in the decedent’s primary residence instead of taking the statutory intestate share.
Intestate Share Under 14 V.S.A. § 2622
By default, for intestate estates:
- If the decedent leaves a spouse but no descendants or parents, the spouse inherits the entire estate. (14 V.S.A. § 2622(a))
- If the decedent leaves a spouse and descendants, the spouse receives one-half of the net estate; descendants share the remaining half. (14 V.S.A. § 2622(b))
Life Estate Election Under 14 V.S.A. § 2627
Instead of the intestate share, the surviving spouse may elect to take a life estate in the decedent’s homestead (primary residence). This election allows the spouse to occupy and use the residence for life. To make this election:
- File a written notice of election with the Vermont Probate Division within six months after letters of administration are issued or within nine months of the decedent’s death—whichever is earlier. (14 V.S.A. § 2627)
- Specify the property subject to the life estate, typically the principal residence plus related outbuildings.
- Retain rights to any exempt personal property and a family allowance under 14 V.S.A. § 2804.
Once filed, the election is irrevocable. Creditors and other heirs must honor the surviving spouse’s life estate.
Helpful Hints
- Confirm the exact deadline for filing your election with the Probate Division.
- Obtain a certified copy of letters of administration before filing.
- Prepare a detailed inventory to identify the homestead property.
- Review any recorded Homestead Declaration under 27 V.S.A. § 602 to verify homestead status.
- Consider consulting a probate clerk or qualified advisor early to ensure proper procedure.