Vermont Intestate Succession Laws: Who Inherits When There Is No Will

When someone dies in Vermont without a will, Vermont's intestate succession laws provide a statutory hierarchy for determining which relatives may inherit. The applicable result depends on the family structure and the assets that actually enter probate. The court doesn't ask what the deceased probably would have wanted. It applies the governing rules.

Understanding how Vermont's succession rules actually work matters practically, not just theoretically. It determines who has standing to petition the probate court, who must consent to small estate filings, and who is legally entitled to receive distributions from the estate.

Vermont Is Not a Community Property State

One foundational point first: Vermont is an equitable distribution state, not a community property state. This means a surviving spouse does not automatically own half of everything the decedent owned just because they were married. Property held in the decedent's name alone is a probate asset governed by the succession rules below — not automatically the spouse's property by virtue of marriage.

Joint ownership, beneficiary designations, and surviving spouse rights are entirely separate from intestate succession. When a bank account is titled solely in the decedent's name without a payable-on-death designation, it goes into the probate estate. The succession statute then determines who receives it.

The Surviving Spouse's Share Under Vermont Law

Vermont's intestate succession law gives the surviving spouse significant but not always exclusive rights to the estate.

The surviving spouse's share depends on the family structure and the applicable Vermont succession rules. A spouse does not automatically receive all separate property merely by marriage, and blended families can produce different results from families with no competing descendants. Confirm the current statutory share before distributing probate assets.

What Happens to the Children's Share

When descendants inherit, the applicable statutory rules determine how the descendants' portion is divided. This matters when there are multiple generations involved. An administrator administering an intestate Vermont estate needs to map out the entire family tree to identify who may be legally entitled to a share.

When There Is No Surviving Spouse or Descendants

Vermont's succession statute continues through a structured hierarchy when the decedent leaves no surviving spouse or descendants. Parents, siblings, descendants of siblings, and more remote relatives may be relevant depending on who survives. Confirm the applicable class and shares under current Vermont law before distributing an intestate estate.

Non-Probate Assets Are Not Affected by Intestate Succession

This distinction is critical and frequently misunderstood. Intestate succession only governs probate assets — assets held in the decedent's name alone without a beneficiary designation.

The following assets pass outside of intestate succession entirely, regardless of what Vermont's succession statute says:

• Bank accounts or investment accounts with a Payable-on-Death (POD) or Transfer-on-Death (TOD) designation — these go to the named beneficiary.
• Retirement accounts (IRAs, 401ks) with named beneficiaries — the named beneficiary receives the funds.
• Life insurance policies with living named beneficiaries — proceeds pass directly to those beneficiaries.
• Real estate held jointly with rights of survivorship — the surviving co-owner takes automatically.
• Vehicles with a Transfer on Death (TOD) title brand.
• Assets held in a revocable living trust.

These assets bypass the probate court entirely and are not subject to the succession hierarchy. A surviving spouse who is named as the beneficiary on all of the decedent's accounts will receive those assets even if the intestate succession rules would have given a portion to step-children.

This is one reason why asset titling and beneficiary designation planning matters so much during life — and why intestate succession can produce outcomes that don't match what the family expected.

The Spouse's Elective Share: An Independent Right

Vermont also gives surviving spouses a separate statutory right called the elective share, which is distinct from intestate succession. Under Vermont law, a surviving spouse can claim a statutory elective share even if the decedent left a will that attempted to disinherit them.

In intestate cases — where there is no will — the elective share is less commonly relevant because the succession statute is what governs. But in contested situations, particularly where the decedent had a prior will that was later revoked, the elective share can come into play. A Vermont probate attorney can advise when this is relevant.

What Intestate Administration Actually Looks Like

When someone dies intestate in Vermont, a family member — typically the surviving spouse or an adult child — petitions the Probate Division of the Superior Court to be appointed administrator (not "executor," which is the term used when there is a will appointing someone). The administrator has the same fiduciary duties as an executor: inventorying assets, notifying creditors, paying valid debts, and distributing the remainder to the heirs identified under the succession statute.

If the estate qualifies for Vermont's small estate procedure (gross probate assets of $45,000 or less, no real estate other than a timeshare), the administrator files Form 700-00001SM. If the estate exceeds the threshold or includes standard real estate, full administration under Form 700-00001 is required.

In either case, the administrator must correctly identify all heirs under the succession hierarchy and obtain their written consent where required. Getting this wrong — missing a beneficiary, incorrectly calculating shares, or distributing assets before all heirs are identified — can create serious fiduciary problems for the administrator.

If you are administering a Vermont intestate estate and want a step-by-step guide through the probate process, from determining asset values and filing court forms to handling property transfers and tax clearances, the Vermont Estate Settlement Guide covers the full sequence.

Practical Steps for Intestate Estates

Before filing anything with the probate court, map out the family tree clearly:

1. Identify the surviving spouse and descendants, if any, and map the family relationships.
2. If there is no surviving spouse or descendants, identify the other relatives who may fall within Vermont's statutory hierarchy.
3. Determine which assets are probate assets (solely owned, no beneficiary designation) versus non-probate assets (jointly held, named beneficiary, trust).
4. Calculate the gross value of the probate estate to determine whether the small estate procedure is available.
5. Confirm that the proposed administrator is willing and eligible to serve.

Intestate administration is often manageable without an attorney for straightforward estates — a sole beneficiary, modest assets, no real estate. It becomes considerably more complex when multiple heirs are involved, when a blended family creates competing claims, or when the estate includes real property that must be transferred through the probate court and the Town Clerk system.

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