Detailed Answer
Under Vermont law, a surviving spouse may claim a family allowance (sometimes called a spouse’s allowance) to cover living expenses during estate administration. This allowance is authorized by 14 V.S.A. § 409 (legislature.vermont.gov/statutes/section/14/051/00409). To qualify, the claimant must prove the decedent lawfully married them. A complete, certified marriage certificate typically provides this proof. When a certificate is missing or incomplete, the probate court will require alternative evidence of the marriage’s validity.
The Importance of a Valid Marriage Certificate
A properly filed marriage certificate from the Vermont Department of Health’s Vital Records Office is prima facie evidence of a valid marriage. It confirms both parties met residency and licensing requirements under 18 V.S.A. § 5141 et seq. An incomplete or absent certificate can delay your allowance claim and may raise questions about the marriage’s legality.
Alternative Proof of Marriage
If the official certificate is unavailable, you may submit:
- A certified copy of the marriage license.
- Church or officiant’s certificate, certified by the officiant.
- Affidavits from family members or the officiant attesting to the marriage ceremony details.
- Joint tax returns, leases, bank statements showing you and the decedent held yourselves out as spouses.
Filing for a Delayed Registration
When no certificate exists, you can request a delayed marriage record under Vermont’s vital records law, 18 V.S.A. § 5153 (legislature.vermont.gov/statutes/section/18/113/05153). To do this, submit:
- A completed application from the Vermont Vital Records Office.
- Secondary proof of marriage, such as church records and affidavits.
- Any other documentary evidence (photos, announcements) establishing the date and place of marriage.
Impact on the Surviving Spouse’s Allowance Claim
If you cannot procure either a certified certificate or sufficient alternative evidence, the probate court may deny or reduce your family allowance under 14 V.S.A. § 409. Courts have discretion to weigh the credibility and sufficiency of any proof you provide. Failing to establish the marriage could force you to rely solely on intestate succession rights or other distributions, which may not cover your immediate needs.
Helpful Hints
- Gather all available marriage documentation before filing your allowance petition.
- Contact the Vermont Vital Records Office early if your certificate is missing.
- Secure notarized affidavits from individuals who witnessed your marriage.
- Keep joint financial records to demonstrate you lived as spouses.
- Consult probate court clerks for local filing deadlines and form requirements.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For guidance tailored to your circumstances, consult a qualified attorney.