What the rule says
Vermont's intestacy framework, codified at Vt. Stat. Ann. tit. 14, § 311, distributes the estate based on family structure:
- Spouse and all descendants are mutual: The spouse takes the entire estate. - Spouse and at least one descendant from prior relationship: The spouse takes one-half. Descendants take the other half by representation. - Spouse but no descendants: The spouse takes the entire estate. - Descendants but no spouse: Descendants take the entire estate by representation.
Vermont's framework is among the more spouse-favorable for mutual-descendants families and uses a clean 1/2 split for blended families (different from UPC's $150,000 floor + half formula).
What this means in practice
- Vermont resident dies without a will, leaving spouse and three mutual children. Estate $400,000. Spouse takes the entire $400,000. - Vermont resident dies without a will, leaving spouse and one child from prior relationship. Estate $400,000. Spouse takes $200,000 (1/2). Child takes $200,000.
What you can do about it
- Vermont will requirements (Vt. Stat. Ann. tit. 14, § 5). A will must be in writing, signed by the testator, and signed by two competent witnesses. - Vermont does not generally recognize holographic wills. - Self-proving affidavits are recognized. - Beneficiary designations override intestacy. - Spousal election. Under Vt. Stat. Ann. tit. 14, § 319, surviving spouse can elect against the will.
Civil unions and same-sex marriage
Vermont was the first state to authorize civil unions (2000) and the first to legalize same-sex marriage by legislation (2009). Inheritance rights apply equally to spouses in same-sex and opposite-sex marriages, and to civil union partners (which were converted to marriages effective 2009 but with grandfather provisions).
Who this affects most
Vermont's intestacy framework is most consequential for married Vermont residents in mutual-descendants families and blended families with the 1/2 / 1/2 split.