The Estate Planning Guide Est. 2026

What Happens If You Die Without a Will in Vermont?

By The Estate Planning Guide Editorial Team Researched against primary sources

Published June 3, 2026 7 min read

Quick answer

Under Vermont's 2009 intestacy rewrite, if a married person with kids dies without a will and all the kids are also the surviving spouse's kids, the spouse inherits the entire estate. If the decedent left a child from another relationship, the spouse takes one-half and the descendants take the other half by right of representation. Vermont is a common-law (separate property) state.

⚠️ Educational information only — not legal, tax, or financial advice.

The figures on this page are general estimates. Laws, fees, thresholds, and prices differ by state and change often, and your own situation may change the result. Before you act, confirm the current numbers and rules for Vermont with a licensed professional — an attorney, tax advisor, or licensed agent as appropriate. Reading this page does not create a professional relationship.

How intestacy works in Vermont

When someone dies in Vermont without a valid will, 14 V.S.A. §311 et seq. decides who inherits. The statute orders potential heirs by their relationship to the deceased — spouse and children first, then parents, then more distant relatives — and specifies exactly what share each one receives.

Vermont is a common-law (separate property) state, so there is no community-property split; the shares above apply to the whole intestate estate.

What happens when there’s a surviving spouse only (no children, no parents)

Spouse inherits the entire intestate estate.

What happens when there’s a surviving spouse and children

This is the most common situation and where Vermont’s rules get specific:

If all of the decedent's surviving descendants are also descendants of the surviving spouse, the spouse takes the entire estate. If the decedent left one or more descendants who are not the surviving spouse's descendants (and who aren't excluded by the will), the spouse takes one-half of the estate and the descendants take the other half by right of representation.

For families where everyone is from the same marriage, the spouse generally gets a meaningful share. For blended families — where one or more children are from a prior relationship — many states change the math substantially. If your situation might fit that, the section above is exactly the rule that applies.

What happens when there’s a surviving spouse and parents (no children)

Spouse inherits the entire intestate estate; the decedent's parents take nothing when a spouse survives and there are no descendants.

What happens when there are children but no spouse

Entire estate to the decedent's descendants by right of representation (divided into equal shares at the first generation with living takers).

What happens when there’s no spouse and no children

Order of inheritance: descendants → parents → descendants of the parents (siblings and their descendants) → next of kin in equal degree → escheat to the State of Vermont.

This is where intestacy starts producing results that often surprise people — distant relatives the deceased may not have been close to can end up inheriting, and a long-time unmarried partner inherits nothing.

A Vermont-specific quirk

Before shares are calculated, Vermont pays the surviving spouse and minor children statutory allowances off the top under 14 V.S.A. §§316–317 (support and property allowances during administration), so the spouse and children receive those first, ahead of the intestate distribution.

What intestacy can’t do (and why it usually fails most people)

Even when Vermont’s intestacy rules produce a result close to what someone would have chosen, the rules can never:

  • Leave anything to an unmarried partner — intestacy doesn’t recognize unmarried partners regardless of relationship length
  • Leave anything to a step-child you didn’t formally adopt
  • Leave anything to a friend, charity, or specific person outside your family
  • Name a guardian for your minor children — a Vermont judge picks
  • Specify who handles your estate — a court appoints an administrator
  • Identify specific items for specific people
  • Account for blended-family dynamics in nuanced ways
  • Reduce probate costs and time — intestate estates still go through full probate

For most Vermont families, a basic will — costing $300 to $1,500 with a local attorney, or $50 to $300 with an online service — is meaningfully better than the default rules.

What probate looks like in Vermont when there’s no will

If someone dies intestate in Vermont, the estate still goes through probate. A court appoints an administrator (rather than an “executor” — the title is different for intestacy) to:

  1. Inventory the estate’s assets
  2. Notify creditors and pay debts
  3. Identify legal heirs under Vermont’s intestacy statute
  4. Distribute remaining assets to heirs according to the statute

For details on what probate costs and how long it takes in Vermont, see:

What to do this week if you don’t have a will

The most useful single move for any Vermont adult without a will:

  1. Write a basic will. Either through an online service ($50-$300) or a local attorney ($300-$1,500). Name an executor, name a guardian for any minor children, and specify who inherits what.
  2. Update beneficiary designations on retirement accounts, life insurance, and POD/TOD bank accounts. These pass outside both the will and intestacy.
  3. Sign a financial power of attorney and a healthcare directive. These handle incapacity (not death) and prevent your family from needing court-appointed guardianship.

For a Vermont family with a typical estate, this whole package usually costs under $1,500 and takes a couple of weeks of intermittent work. It’s substantially cheaper and less stressful than what happens if you don’t do it.

What happens without a will in other states

Intestacy rules differ from state to state — here’s what happens when someone dies without a will elsewhere:

This page explains Vermont intestacy law in general terms as of 2026. It is not legal advice; intestacy provisions, dollar thresholds, and statute citations can change. Confirm current rules with a licensed Vermont attorney before relying on this page. Sources: 14 V.S.A. §311 (share of surviving spouse), 14 V.S.A. §314 (share of heirs other than surviving spouse), 14 V.S.A. §316 (allowances to surviving spouse and children).

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