✓ Verified June 2026
This guide explains what happens when someone dies dying without a will in Vermont — exactly who inherits under Vermont’s intestate-succession law, and what surprises families most. All shares are from Vermont statute, verified as of June 2026.
In This Vermont Guide:
Who Inherits When There Is No Will in Vermont
Here is exactly how Vermont divides an estate when there is no will:
| If the person leaves… | Who inherits in Vermont |
|---|---|
| Spouse, no children | The surviving spouse inherits the entire intestate estate (14 V.S.A. § 311). |
| Spouse + shared children | The surviving spouse inherits the entire intestate estate; the children receive nothing by intestacy during the spouse’s lifetime (14 V.S.A. § 311). Vermont treats this the same as the no-children scenario — if all descendants are also descendants of the surviving spouse, the spouse takes everything. |
| Spouse + children from another relationship | The surviving spouse inherits one-half (1/2) of the intestate estate. The decedent’s descendants (children from another relationship) share the other one-half by right of representation (14 V.S.A. § 311). There are no flat-dollar thresholds — it is a straight 50/50 split. |
| Children, no spouse | The children (descendants) inherit the entire intestate estate, divided by right of representation (14 V.S.A. § 314). |
| No spouse, no children | The estate passes in this order: (1) to the decedent’s parents equally, or to the surviving parent if only one is living; (2) if no parents survive, to siblings and descendants of deceased siblings by right of representation; (3) if no siblings or their descendants survive, one-half to the paternal grandparents (equally, or to the survivor) and one-half to the maternal grandparents (equally, or to the survivor) — if grandparents survive on only one side, that side’s grandparent(s) take the entire estate; (4) if no grandparents survive, to next of kin in equal degree (14 V.S.A. § 314). |
| No living relatives (escheat) | The estate escheats to the State of Vermont only if there are no surviving kindred of any degree. Vermont’s 120-hour survival rule (14 V.S.A. § 337) does not apply if it would cause escheat — meaning the state cannot benefit from the survival requirement. |
These shares come from Vermont intestate-succession law (14 V.S.A. §§ 301–338 (Title 14, Chapter 42 — Descent and Survivors’ Rights)).
How Vermont divides shares among descendants: Vermont distributes to descendants by right of representation (per stirpes). Property is divided into as many equal shares as there are surviving children of the decedent plus deceased children who left surviving descendants; each surviving child takes one share and each deceased child’s share passes down to their descendants by the same method (14 V.S.A. § 314).
Vermont homestead and family allowance: Vermont provides a homestead exemption of up to 125000 in value (27 V.S.A. §§ 101, 105). If the decedent leaves a surviving spouse, the homestead passes to and vests in the surviving spouse free from the decedent’s debts (unless legally charged on the homestead during the decedent’s lifetime). The surviving spouse has 8 months after probate is opened to request the homestead exemption.
Additionally, the surviving spouse may receive all furnishings and furniture in the household in addition to their intestate share (14 V.S.A. § 312).
The probate court may also grant a reasonable family allowance for support and maintenance of the surviving spouse and minor children from the estate’s personal property or income, and in an insolvent estate this allowance may continue for up to 8 months after administration is granted and may take priority over debts (14 V.S.A. § 316).
Minor children may also receive a support allowance until they reach age 18 (14 V.S.A. § 317).
Half-blood relatives in Vermont: Kindred of the half-blood inherit the same share they would inherit if they were of the whole blood. Half-siblings are treated identically to full siblings under Vermont law (14 V.S.A. § 314).
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Assets That Pass Outside Vermont Intestate Rules
Assets with named beneficiaries (life insurance, retirement accounts, payable-on-death accounts), property held in joint tenancy with right of survivorship, and assets held in a living trust pass outside of Vermont’s intestate succession rules and are not part of the probate estate. Only assets in the decedent’s name alone without a beneficiary designation are subject to intestate distribution.
Other Vermont intestacy rules: (1) 120-hour survival requirement: an heir must survive the decedent by at least 120 hours (5 days) to inherit, established by clear and convincing evidence (14 V.S.A. § 337). (2) Posthumous descendants conceived before but born after the decedent’s death inherit as if born during the decedent’s lifetime, provided they survive at least 120 hours after birth.
(3) A parent cannot inherit from a child unless the parent openly acknowledged the child and did not refuse to support them (14 V.S.A. § 315). (4) Motor vehicles, vessels, snowmobiles, and all-terrain vehicles pass directly to the surviving spouse when the estate consists principally of such property (14 V.S.A. § 313).
(5) The surviving spouse may also elect against a will and take one-half of the balance of the probate estate after payment of allowances, claims, and expenses, filed within 4 months of notice of rights (14 V.S.A. § 319).
What Dying Without a Will in Vermont Really Means
When someone dies without a will in Vermont, the state’s intestate-succession law — not the family — decides who inherits. The shares above show exactly how Vermont divides an estate when someone is dying without a will in Vermont, and they often surprise people: a spouse may not automatically inherit everything.
Understanding dying without a will in Vermont helps a family know what to expect before they walk into probate court. Remember that some assets pass outside these rules entirely, so the full picture of dying without a will in Vermont depends on how each asset was titled.
You don’t have to do this alone
If you are settling a loved one’s estate in Vermont, your state’s probate court self-help center and free legal-aid offices can walk you through the process at no cost. For an active probate or a deadline, talk to a licensed probate attorney in your state.
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Official Vermont Sources & Resources
- Vermont Court Self-Help: https://www.vermontjudiciary.org/self-help/probate
- Vermont Intestate Succession Statute: https://legislature.vermont.gov/statutes/fullchapter/14/042
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Vermont intestate-succession guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.