Detailed Answer — how succession among children works under Vermont law

When a person dies without a valid will, Vermont law directs how the estate passes to heirs. The basic rule for children is this: the decedent’s living children share the estate, and if a child dies before the decedent but left descendants (for example, grandchildren), those descendants take the deceased child’s share by representation. For the statute framework, see Title 14 of the Vermont Statutes (Probate, Trusts and Estates): https://legislature.vermont.gov/statutes/title/14.

Who counts as a child?

• Biological children count.
• Legally adopted children generally have the same inheritance rights as biological children.
• Posthumous children (born after the decedent’s death) are usually treated as descendants if they meet the state rules for conception/birth timing.
• Children born outside marriage may inherit if paternity is established under Vermont law.
• Stepchildren normally do not inherit as children unless they have been legally adopted.

What happens when a child dies before the parent (succession by representation)?

If a child predeceases the decedent but left children (the decedent’s grandchildren), those grandchildren generally inherit the share their parent would have received. In practice this means the deceased child’s share is divided equally among that child’s living descendants. This approach (often called inheritance by representation or per stirpes distribution) keeps a deceased child’s line together and gives them the portion their parent would have had.

Common examples (hypotheticals)

Example A — three children, all living: The estate is divided into three equal shares. Each child receives one-third.

Example B — three children, one predeceased leaving two children (grandchildren): The estate is divided into three equal shares. The two grandchildren together receive the predeceased parent’s one-third share and split it equally (each grandchild gets one-sixth). The two living children each get one-third.

Example C — one surviving child and two deceased children, each of whom left descendants: The estate is divided into three equal shares. Each deceased child’s descendants together take that deceased child’s one-third share; the surviving child receives one-third.

Administration and appointment of an administrator

When someone dies intestate, an interested person (often a close family member) files a petition with the probate court to open an estate and be appointed administrator. The administrator locates heirs, gathers assets, pays valid debts and taxes, and distributes the estate according to Vermont law. If there are multiple children or lines of descendants, the administrator will list heirs and their expected shares and seek court approval.

Issues that commonly delay or change distributions

• Unestablished paternity — a person claiming to be the decedent’s child may need to prove parentage to inherit.
• Adoption or lack thereof — stepchildren must be legally adopted to inherit as children.
• Will contests or claims against the estate — creditor or family claims can reduce distributable assets.
• Heirs who cannot be located — the court will require notice attempts; unclaimed shares may eventually be handled according to statute.

For statutory text and more detail about procedure, see the Vermont probate statutes (Title 14): https://legislature.vermont.gov/statutes/title/14. If you need the exact statutory language on descent and distribution or on establishing heirs, the Title 14 pages and the probate rules linked from the Vermont Judiciary or legislature site are the best authoritative sources.

Disclaimer: This is general informational material and not legal advice. Laws change, and facts matter. Consult a licensed Vermont attorney or the Vermont probate court for advice about a specific estate.

Helpful Hints

• Start by identifying all potential children and descendants — collect birth, adoption, and paternity records.
• If a child’s paternity is uncertain, get legal help early — proof of parentage is often required for inheritance rights.
• If you are an heir or prospective administrator, contact the probate court in the county where the decedent lived to learn filing steps and forms.
• Keep clear records: death certificate, asset lists, creditor notices, and communications with potential heirs.
• If family relationships are complex (blended families, contested paternity, adoptions), consider consulting a Vermont probate attorney before filing petitions or distributing assets.
• If you want to avoid intestate distribution in the future, use a will or other estate planning tools to specify how assets should pass.