What Happens if You Die Without a Will in Vermont?

Dying without a will in Vermont doesn't mean your estate is up for grabs. Vermont law decides who inherits for you, based on your marital status and family, according to intestate succession. Here's how that plays out. Vermont's rules don't distinguish between finely graded blended-family scenarios the way some other states do, which can help keep things simple.

If You are Married with Children

• If all of your children are from your current marriage, your spouse inherits your entire estate.

• If you have children from another relationship, your spouse inherits 1/2 of your estate. Those children inherit the other 1/2.

If You are Married Without Children

Your spouse inherits your entire estate.

If You Don't Have a Spouse, but Have Children

Your children inherit all of your assets, divided equally.

If You Don't Have a Spouse or Children

Your parents inherit your estate. If neither parent survives, your siblings inherit next.

If No Living Relatives Can Be Found

Your property reverts to the state of Vermont. This does not happen often as the state will conduct a broad search for even distant relatives before ever closing out your estate.  

Other Things to Know about Dying Without a Will in Vermont

• Vermont's intestacy rules only recognize legal relationships. A lifelong domestic partner you never married, or a stepchild you never formally adopted, receives nothing, no matter how close the relationship was.

• A person criminally responsible for your death cannot inherit from your estate.

• A surviving spouse can elect against a will to claim a guaranteed minimum share, separate from what intestate succession would provide.

When Does an Estate Go Through Probate Without a Will

If you die without a will in Vermont, your estate may still avoid full probate if the personal property is valued at $45,000 or less and you owned no Vermont real estate other than a timeshare. Larger estates go through the Probate Division of the Superior Court. Vermont imposes a state estate tax on estates over $5 million, at a flat 16% rate on the amount above the exemption, one of the higher rates among states with an estate tax. Vermont has no inheritance tax.

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To learn more about probate in Vermont, visit our in-depth article.  

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