Unmarried Partner Inheritance in Vermont: What You Don't Automatically Get

Vermont has a significant population of cohabiting, unmarried couples who share homes, finances, and lives — often for decades. Many of these couples assume that their long-term relationship grants them some form of default inheritance rights or medical decision-making authority.

It doesn't. Under Vermont's intestacy laws, an unmarried partner inherits nothing.

What Intestacy Law Actually Says

When a Vermont resident dies without a will, their estate is distributed according to 14 V.S.A. §§ 311-314. The order of priority is strict:

1. Surviving spouse
2. Descendants (children, grandchildren)
3. Parents
4. Siblings and their descendants
5. Grandparents and their descendants

An unmarried partner — regardless of how long you've lived together, whether you own property jointly, or whether you have children together — does not appear anywhere in this list. Under Vermont intestacy law, a 30-year domestic partner has fewer inheritance rights than a distant cousin.

This means that if your partner dies without a will:

• The home you shared (if titled solely in their name) passes to their parents, siblings, or children — not to you
• Their bank accounts, retirement funds, and personal property go to blood relatives
• You have no standing to serve as executor of their estate
• You have no legal authority to make funeral or burial decisions

What You Also Don't Get: Medical Decision-Making

The inheritance issue is only half the problem. Without a healthcare power of attorney (advance directive), you have no legal authority to make medical decisions for your incapacitated partner. Vermont hospitals will look for the "next of kin" — which means blood relatives, not an unmarried partner.

If your partner is in a medical crisis and their estranged parents or siblings arrive, they have legal priority over you in directing medical care. You could be excluded from the hospital room.

How to Protect Your Partner

Every one of these gaps is fixable with proper planning. None of the fixes are expensive or complicated — but they must be done deliberately, because Vermont law provides no automatic protections.

1. Write a Will

A will lets you name your partner as your primary beneficiary and designate them as your executor. Under 14 V.S.A. § 5, the will must be written, signed by you, and witnessed by two disinterested adults in each other's presence. Add a self-proving affidavit (14 V.S.A. § 108) so the will can be admitted to probate without tracking down witnesses.

Without a will, intestacy law controls — and your partner gets nothing.

2. Execute an Advance Directive with Healthcare Proxy

Vermont's advance directive lets you name your partner as your healthcare agent, giving them legal authority to make medical decisions when you can't. Register it with the Vermont Advance Directive Registry (VADR) for free so hospitals can access it electronically in an emergency.

3. Create a Durable Financial Power of Attorney

Name your partner as your agent under a durable financial power of attorney. This gives them authority to manage your finances if you become incapacitated — paying bills, managing investments, dealing with insurance. Without this, your partner would need to petition the probate court for guardianship, a process that takes months and costs thousands.

4. Use Non-Probate Transfers

Even with a will, probate takes six to eighteen months and is public record. To ensure your partner receives assets immediately:

• Joint tenancy with right of survivorship on shared real property — the surviving owner takes full ownership automatically
• Payable on Death (POD) designations on bank accounts
• Beneficiary designations on retirement accounts and life insurance naming your partner
• Enhanced Life Estate Deed on real property you own individually, naming your partner as the remainder beneficiary

5. Address Funeral and Burial Wishes

Vermont law gives the "next of kin" priority over disposition of remains. Without written authorization, your partner may not be able to make funeral decisions. Include your wishes in your advance directive or a separate written designation of agent for disposition of remains.

Joint Property Ownership: A Trap to Watch

Many unmarried couples own property together, but the form of ownership matters enormously:

• Joint tenancy with right of survivorship: when one owner dies, the other automatically owns the entire property. No probate.
• Tenancy in common: when one owner dies, their share passes through their estate. If they have no will, it goes to their blood relatives — not to you. Their parents or siblings could become your co-owner.

If you purchased property together, check the deed to confirm how ownership is structured. If it says "tenants in common," consult an attorney about restructuring to joint tenancy with right of survivorship.

The Bottom Line

Vermont provides strong legal tools for protecting an unmarried partner — but none of them activate automatically. Every protection must be created deliberately through legal documents. The cost of setting up these protections is minimal compared to the cost of a guardianship proceeding, a contested estate, or losing your home because the law doesn't recognize your relationship.

The Vermont Basic Estate Planning Kit provides all the templates and checklists you need — will, advance directive, power of attorney, beneficiary coordination — specifically designed for Vermont's legal requirements.

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