Vermont Probate Without a Will (Intestacy)

When someone dies without a will in Vermont, the estate is distributed according to the state's Intestacy statutes §14-311. Vermont does not recognize holographic (handwritten, unwitnessed) wills, so if no properly executed will is found, intestacy rules apply. These default rules determine who inherits, in what proportions, and who has priority to serve as Administrator.

If there is a surviving spouse

• Spouse inherits the entire estate if no descendant of the decedent survives
• Spouse receives entire estate; § 311 does not reduce the spouse's share for surviving parents if the deceased has surviving parents but no children
• Spouse receives entire estate when all surviving descendants are also descendants of the surviving spouse if there are surviving children who are also children of the surviving spouse
• Spouse receives one-half of the estate when a surviving descendant of the decedent is not a descendant of the surviving spouse if there are surviving children who are not children of the surviving spouse

If there is no surviving spouse

• Children (and their descendants) inherit equally (Per stirpes among branches)
• If no children: parents inherit equally
• If no parents: siblings (and their descendants) inherit equally
• More remote collateral kin inherit when closer relatives do not survive

Without a will naming an Executor, the court appoints an administrator. Vermont law establishes a priority order: surviving spouse, then next of kin, then the largest creditor, or another suitable person at the judge's discretion.

• No ability to choose who receives specific items or property
• No ability to name who should serve as Personal representative
• No ability to disinherit a statutory heir (intestacy follows a fixed formula)
• No ability to designate a guardian for minor children
• Distribution may not reflect the deceased person's actual wishes