web stats analysis

 

  

Over 300 pages of content : Search    

    Interactive Programs     |      Facts & Charts      |       Links        |      Contact     |     Site Index     |

 

Vermont Intestacy Laws

 

These are selections from the Vermont intestate succession statutes, which 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)

 

 

Choose your preference: SEE how the intestate law works or View the text

 


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;
 


(3) If the decedent does not leave issue nor surviving spouse, the estate shall descend in equal shares to the father and mother of such decedent. If the mother is not living and the father survives, the estate shall descend to the father. If the father is not living and the mother survives, the estate shall descend to the mother;

(4) If the decedent does not leave issue, nor surviving spouse, nor father, nor mother, the estate shall descend in equal shares to the brothers and sisters of such decedent, and to the legal representatives of deceased brothers and sisters;

(5) If none of the kindred above-named survives the decedent, the estate shall descend in equal shares to the next of kin in equal degree; but a person shall not be entitled, by right of representation, to the share of such next of kin who has died.

(6) Notwithstanding the foregoing rules or provisions otherwise made in any case where a person is entitled to inherit, including a devisee or legatee under the last will of a decedent, such person's share in the decedent's estate shall be forfeited and shall pass to the remaining heirs of the decedent if such person stands convicted in any court of the United States or of any of the individual states of the United States of intentionally and unlawfully killing the decedent. In any proceedings to contest the right of a person to inherit, the record of such person's conviction of intentionally and unlawfully killing the decedent shall be admissible evidence and may be taken as sufficient proof that such person did intentionally kill the decedent.

552. Degrees, how computed; kindred of half-blood.
The degrees of kindred shall be computed according to the rules of the civil law and the kindred of the half-blood shall inherit equally with those of the whole blood, in the same degree.

681. Persons dying testate or intestate without heirs or known legatees.
When a person dies testate or intestate, seised of real or personal property in this state, leaving no heir nor person entitled to the same, the selectmen of the town where the deceased last resided, if an inhabitant of the state, or of the town in which estate lies, if the absent person resided out of the state, may file a petition, on behalf of the town, with the probate court for a hearing in accordance with the rules of probate procedure.

683. Escheat, proceeds from sale.
If sufficient cause is not shown to the contrary, at the time appointed for that purpose, the court shall order and decree that the estate of the deceased in the state, after the payment of just debts and charges, shall escheat. Such court shall assign the personal estate to the town where such deceased was last an inhabitant in the state and the real estate to the towns in which the same is situated. If he were never an inhabitant of the state, the whole estate shall be assigned to the towns where the same is located. Such estate shall be for the use of schools in the towns respectively and shall be managed and disposed of like other property appropriated to the use of the town school districts. Any property decreed to a town by virtue of this chapter or subsequently conveyed to an incorporated school district within such town for the use of its schools may be sold without restriction, provided the proceeds shall be expended for the use of the schools of the town.

 

 

 

 

 

 

Patent Pending / Copyright © 2006-2008 Kurt R. Nilson   

 

Terms of Use      |     Privacy Policy

 

Always consult a professional before making any decisions.