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Vermont Intestacy Laws
These are selections from the Vermont intestate succession statutes.  (Title 14 Decedents' Estates and Fiduciary Relations, Part 2, Descent and Distribution, Chapter 41, Survivors' Rights and Allowances)

 

The Intestacy Calculator™ uses these laws to automatically divide any intestate estate with just a few clicks.

 


401. Share of surviving spouse.

The surviving spouse of a decedent shall receive out of the decedent's personal estate, not lawfully disposed of by the decedent's last will, all the articles of wearing apparel and ornament, the wearing apparel of the decedent, and such other part of the personal estate of the decedent as the probate court assigns to such surviving spouse, according to his or her circumstances and the estate and degree of the decedent, which shall not be less than a third, after the payment of the debts, funeral charges and expenses of administration.

 

402. Waiver of will by surviving spouse.
The same allowance shall be made when the surviving spouse waives the provision made for him or her in the will of the decedent, except in case the decedent dies without issue, when the surviving spouse may take estate as is provided in like cases of intestate estates, or, when the widow waives the jointure or pecuniary provision made for her in lieu of her interest provided by section 461 of this title, or, when either spouse waives the provisions of the law in case the decedent dies without issue, and shall be in lieu of his or her claim to the personal estate. If the widow was not the first wife of the decedent, and he does not leave issue by her, and an agreement was entered into between them previous to their marriage, this provision shall be subject to the exception in relation to the allowance of such third interest to the widow in such case.

 

461. Interest of widow in real estate.
A widow shall be entitled in fee to one-third in value of all the real estate of which her husband died seised, and if such husband left surviving him only one heir and such heir is the issue of the widow or the heir by adoption of both the widow and husband, she shall be entitled to half in value of such real estate in fee, unless she is barred as provided in this chapter. All provisions of this chapter relating to the widow's third interest in her husband's real estate shall apply in the same manner to her half interest when she shall be entitled thereto under the provisions of this section.

474. Husband's interest in lieu of curtesy.
A widower shall be entitled in fee to one-third in value of all the real estate of which his wife died seised. If the wife left surviving her only one heir and such heir is the issue of the husband or the heir by adoption of both the wife and husband, he shall be entitled to half in value of such real estate in fee, and his interest may be assigned and set out to him in the same manner as is provided for the severance of the interest of the widow in the real estate of her deceased husband. The husband may be barred of such third or half, as the case may be, when he is entitled to and takes the provision made for him in section 551 of this title, or accepts the provision made for him by the last will and testament of his wife.

551. General rules of descent.
The real and personal estate of a decedent, not devised nor bequeathed and not otherwise appropriated and distributed in pursuance of law, shall descend in the following manner:

(1) In equal shares to the children of such decedent or the legal representatives of deceased children;

 

(2) If the decedent is married and leaves no issue and the surviving spouse does not elect to take a third in value of the real estate of which the decedent dies seised in his or her own right, or waives the provisions of the will of such decedent, such spouse shall be entitled to the whole of the decedent's estate forever, if it does not exceed $25,000.00, but if it exceeds that sum, then such spouse shall be entitled to $25,000.00 and half the remainder. The remainder of such estate shall descend as the whole would if such spouse did not survive. If the decedent has no kindred who may inherit the estate, such spouse shall be entitled to the whole of such estate;



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  See Also: Which state's intestacy laws apply at death? and How are intestacy laws interpreted?
The Vermont intestate succession statutes may be found in full by selecting this link.  (Title 14 Decedents' Estates and Fiduciary Relations, Part 2, Descent and Distribution, Chapter 41, Survivors' Rights and Allowances)


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