Detailed Answer
Order of Distribution Under Vermont Law
Intestate succession occurs when a person dies without a valid will. In Vermont, Title 14, Chapter 137 of the Vermont Statutes governs distribution of an intestate estate.
Under 14 V.S.A. § 202 (Order of Distribution), the estate passes first to the surviving spouse and issue. If there is no surviving spouse but there are children or descendants, the entire estate passes to the decedent’s issue 14 V.S.A. § 201 (Definitions). Issue inherit per stirpes, meaning by representation through branches of the family tree.
Applying to Three Children
In a scenario where the decedent dies without a spouse but is survived by three children, Vermont law splits the estate into three equal shares. Each child receives one-third of the net estate after debts, taxes, and administration expenses.
If one child predeceased the decedent but left descendants (e.g., grandchildren of the decedent), that child’s branch would inherit the predeceased child’s share divided equally among their own descendants.
Administration Process
- Identify Assets and Debts: Compile bank statements, real estate deeds, personal property records, and outstanding bills.
- Petition Probate Court: File a petition for letters of administration in the Probate Division of the Vermont Superior Court, along with the death certificate.
- Appointment of Administrator: The court appoints an administrator—often a close relative—who has authority to manage and distribute the estate.
- Notice to Creditors: Publish a notice and notify known creditors as required by 14 V.S.A. § 319 to allow claims against the estate.
- Estate Accounting and Distribution: After settling valid claims and expenses, the administrator distributes the remaining assets equally among the three children.
Helpful Hints
- Collect all relevant financial records promptly to avoid delays.
- Check if small-estate procedures apply (estate under $100,000 without real property).
- Maintain clear records of all disbursements and court filings.
- Communicate transparently with all heirs to minimize disputes.
- Consult a probate attorney if any heir contests the distribution or if complex assets are involved.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a qualified attorney.