Vermont inheritance laws determine who receives a person’s property after death, how a valid will is administered, and what happens when someone dies without leaving a will. These laws also establish the rights of surviving spouses and children, the responsibilities of estate administrators, and the circumstances in which estate taxes may be due. Understanding the rules can help Vermont families avoid unnecessary disputes and plan how their property will pass to future generations.
The main laws are found in Title 14 of the Vermont Statutes, which covers wills, probate, intestate succession, and the rights of surviving family members. Vermont also has separate estate tax rules that may affect larger estates.
This guide explains Vermont inheritance laws in practical terms, including who inherits without a will, how probate works, whether children can be disinherited, and what beneficiaries should know about taxes.
Legal note: This article provides general information about Vermont law as of October 2026, not individualized legal or tax advice. The outcome of a particular estate depends on the applicable statutes, ownership documents, family circumstances, and any later legal changes.
How Inheritance Works in Vermont
Inheritance in Vermont generally follows one of two routes:
With a valid will: The estate is distributed according to the will, subject to applicable laws and the rights of surviving family members.
Without a valid will: Property that has not otherwise been transferred passes under Vermont’s intestate succession laws.
Some assets may pass directly to another person without going through probate. Examples can include certain jointly owned property with survivorship rights, accounts with valid beneficiary designations, and life insurance payable to a named beneficiary. The precise result depends on how the asset is legally owned and documented.
Vermont’s Probate Division oversees estate administration when court supervision is required. It reviews wills, oversees the work of executors or administrators, and helps ensure that debts, expenses, and property transfers are handled according to law.
Vermont Inheritance Laws When There Is No Will
A person who dies without a valid will is said to have died intestate. Vermont’s intestate succession rules determine who inherits the property covered by those rules.
The outcome depends largely on whether the deceased left a surviving spouse, descendants, parents, siblings, or other relatives.
Who inherits if the deceased leaves a spouse and children?
The distribution depends on whether the surviving spouse and descendants are related to one another in the way specified by Vermont law.
Under Vermont’s intestacy framework, the surviving spouse may inherit the entire intestate estate in some family situations, while in others the spouse shares the estate with descendants or other relatives. The exact shares are governed by the applicable statutory provisions, including 14 V.S.A. §§ 301–304 and the surviving spouse’s rights under § 319.
Do not assume that a spouse automatically inherits everything or that children always receive equal shares of the entire estate. Property held outside the probate estate, the source of ownership, and the family structure can change the result.
Who inherits if there is no spouse or child?
If a person dies without a surviving spouse or descendants entitled to inherit, Vermont law generally looks to other relatives.
The statutory order includes:
Parents of the deceased.
Siblings and descendants of deceased siblings.
Grandparents on the paternal and maternal sides, according to the statutory rules.
Other next of kin in the legally specified degree.
Where a deceased sibling left children, those descendants may inherit the share that would have gone to their parent under the right-of-representation rules.
Do unmarried partners inherit in Vermont?
An unmarried partner does not automatically receive the same inheritance rights as a legally recognized surviving spouse simply because the couple lived together for many years.
A partner may inherit under a valid will, a beneficiary designation, joint ownership with survivorship rights, or another legally effective arrangement. Without such an arrangement, the intestacy rules may direct the property to the deceased person’s relatives instead.
Unmarried couples who want to protect one another should consider wills, beneficiary designations, and appropriate ownership arrangements.
Vermont Inheritance Laws for Surviving Spouses
A surviving spouse may have inheritance rights even when the deceased person’s will leaves property to someone else.
What does a surviving spouse inherit without a will?
Under 14 V.S.A. § 311, the surviving spouse generally receives:
The entire intestate estate if the deceased leaves no surviving descendants, or if all surviving descendants are also descendants of the surviving spouse.
One-half of the intestate estate if the deceased leaves one or more descendants who are not descendants of the surviving spouse and are not excluded from inheriting under the deceased’s will.
These shares apply after the statutory allowances, debts, funeral expenses, and administration expenses have been addressed. The remaining estate may pass to descendants or other heirs under Vermont law.
Can a surviving spouse challenge a will?
Yes. Vermont law provides an elective-share right that may allow a surviving spouse to choose a statutory share instead of accepting the provisions of the deceased spouse’s will.
Under 14 V.S.A. § 319, a qualifying surviving spouse may elect to receive one-half of the balance of the probate estate, after applicable allowances, claims, and administration expenses. The right is subject to statutory conditions and exceptions, so it is not necessarily available in every situation.
The election has legal requirements and deadlines. A surviving spouse who believes a will provides an inadequate inheritance should seek legal advice promptly rather than assume that the will determines the final distribution.
Vermont Inheritance Laws for Children
Children may inherit property under a will or Vermont’s intestate succession rules. Their rights depend on the will, their legal relationship to the deceased, and the family circumstances.
Do children inherit if there is no will?
Generally, yes, if the deceased leaves descendants entitled to inherit under Vermont law.
When the surviving spouse is entitled to only part of the intestate estate, the balance generally passes to the deceased’s descendants by right of representation. This means a deceased child’s descendants may receive the share that would have passed to their parent.
For example, if a parent dies leaving children from a previous relationship and a surviving spouse, the spouse’s share may be different from the share in a family where all the deceased’s descendants are also the surviving spouse’s descendants. The statutory rules determine the result.
Can a parent disinherit a child in Vermont?
Vermont law allows a will to expressly exclude or limit an individual or class of individuals from inheriting under the will. However, the effect of a disinheritance clause depends on the will’s wording, the property involved, and other applicable laws.
A will should clearly identify the intended beneficiaries and explain any deliberate exclusions. Special care is advisable when dealing with minor children, blended families, adopted children, or children from earlier relationships.
A parent should not assume that simply omitting a child’s name from a will resolves every possible inheritance claim.
Do adopted children have inheritance rights?
Adopted children generally have inheritance rights through their legally recognized parent-child relationship. Vermont’s inheritance rules recognize the parent-child relationship regardless of the parents’ marital status.
Questions involving adoption, stepchildren, termination of parental rights, or parentage disputes may require a closer review of the applicable law and court records.
Vermont Laws on Wills and Inheritance
A will allows a person to state how their property should be distributed after death and to nominate someone to administer the estate.
What makes a will valid in Vermont?
Under 14 V.S.A. § 1, a person generally must be at least 18 years old, or emancipated by court order, and of sound mind to make a will.
Under § 5, a will must generally:
Be in writing.
Be signed by the testator, or by another person in the testator’s presence and at the testator’s express direction.
Be witnessed by at least two credible witnesses who attest and subscribe the will in the presence of the testator and each other.
Vermont also has provisions for self-proved wills and for recognizing certain wills executed outside the state. Because signing and witnessing mistakes can create disputes, anyone preparing a will should follow the current statutory requirements.
Can a will be changed or revoked?
A person may generally update their estate plan while they have the legal capacity to do so. Changes should be made using legally effective documents and procedures rather than informal handwritten notes or verbal instructions.
Marriage, divorce, the birth or adoption of a child, acquiring property, and changes in family relationships are reasons to review an existing will. The legal effect of these events depends on the applicable Vermont statutes and the wording of the estate documents.
What happens if a will is missing?
A missing will does not automatically prove that the deceased had no will. Family members should check the deceased person’s records, contact the person who prepared the will if known, and determine whether a will was deposited for safekeeping with the court.
If no valid will can be established, the estate may be administered under Vermont’s intestate succession rules. The Probate Division determines the appropriate process and addresses questions about the estate’s legal status.
Vermont Probate Laws: How an Estate Is Administered
Probate is the legal process used to establish authority to administer an estate, address claims, and transfer assets where court administration is required.
The Vermont Probate Division handles estates with wills, estates without wills, qualifying small estates, and ancillary estates involving Vermont property owned by someone who lived elsewhere.
Step 1: Locate the will and important documents
The person handling the estate should locate the original will, any amendments, the death certificate, financial records, property documents, insurance information, and beneficiary designations.
Vermont law generally requires a person holding a will to deliver it to the appropriate Probate Division or the named executor within 30 days after learning of the testator’s death.
Step 2: File a petition with the Probate Division
When probate administration is required, the appropriate person files a petition and supporting documents with the Probate Division of the Superior Court in the county where the deceased lived.
The court reviews the documents and determines whether the will can be allowed and who should administer the estate. If there is no will, the court may appoint an administrator.
Step 3: Identify and value estate assets
The executor or administrator identifies the property that belongs to the probate estate, determines its value, and distinguishes it from assets that pass directly to beneficiaries or joint owners.
Assets may include real estate, bank accounts, investments, vehicles, personal belongings, and business interests. Property owned jointly or subject to beneficiary designations may follow different transfer rules.
Step 4: Address debts, expenses, and taxes
The estate representative must handle legally enforceable debts, funeral expenses, administration costs, and applicable tax obligations according to the required priorities and deadlines.
Beneficiaries should not assume that all estate assets can be distributed immediately after death. Premature distributions can create problems if the estate still has unpaid obligations.
Step 5: Distribute the remaining property
After required obligations are addressed and the estate is ready for distribution, the executor or administrator transfers the remaining assets according to the will or intestate succession laws.
The representative must maintain appropriate records and complete any required court filings before closing the estate.
Vermont small estate rules
Vermont offers a simpler probate procedure for qualifying small estates. According to the Vermont Judiciary, this procedure generally applies when the deceased owned no real estate other than a timeshare and the estate is worth less than $45,000.
If the deceased owned other real estate or the estate exceeds the applicable limit, a formal estate process may be required. The correct procedure depends on the assets and the circumstances, so check the court’s current instructions before filing.
Vermont Inheritance Tax and Estate Tax
One of the most important distinctions in Vermont estate planning is the difference between an inheritance tax and an estate tax.
An inheritance tax is generally imposed on a person receiving inherited property.
An estate tax is imposed on the taxable estate of a deceased person.
Vermont has an estate tax, but it does not impose a separate state inheritance tax on beneficiaries simply for receiving an inheritance.
Does Vermont have an inheritance tax in 2026?
Vermont does not have a separate inheritance tax. However, an estate may be subject to Vermont estate tax if it meets the applicable requirements.
Beneficiaries may still have tax obligations related to income earned from inherited assets, later sales of inherited property, or other taxable transactions. Receiving an inheritance does not automatically make every dollar taxable income.
What is Vermont’s estate tax threshold in 2026?
Effective June 18, 2026, Vermont increased the estate tax filing threshold to $5 million, matching the threshold for paying Vermont estate tax.
Generally, an estate tax return may be required if the deceased had an interest in Vermont property and the federal gross estate plus applicable adjusted taxable gifts made within two years of death exceeds $5 million, or if a federal estate tax return is required.
The tax is assessed on the portion exceeding the applicable $5 million threshold, together with the relevant taxable gifts under the statutory calculation. Special rules apply to Vermont residents and nonresidents who own property in the state.
For example, an estate with a gross value of $4 million would generally be below Vermont’s $5 million threshold. That does not automatically eliminate every possible filing obligation, particularly if a federal estate tax return is required or other rules apply.
Who files Vermont’s estate tax return?
The executor or another authorized fiduciary generally handles the estate tax return when one is required.
The Vermont Department of Taxes provides Form EST-191 and related instructions. A separate income tax return may also be required for the deceased’s final tax year, and the estate may need to file a fiduciary income tax return for income earned during administration.
What Happens to a House Under Vermont Inheritance Laws?
A home is often the most valuable asset in an estate. Who receives it depends on the property’s title, any mortgage or other liens, the will, and the intestacy rules.
Does a surviving spouse automatically inherit the house?
Not necessarily. If the house is owned jointly with a right of survivorship, it may pass directly to the surviving owner. If it is solely owned by the deceased, it may be part of the probate estate and pass under the will or intestate succession laws.
A surviving spouse may also have statutory rights that affect the distribution of estate property. These rights should be considered before a house is sold or transferred.
Can heirs sell an inherited house?
Heirs or beneficiaries may be able to sell inherited real estate after the appropriate legal authority and title requirements have been satisfied.
If the property is still part of an estate, the executor or administrator may need authority under the will or an order from the court. Co-owners may also need to agree on a sale, or a legal proceeding may be necessary if they cannot agree.
Before selling, the parties should review the deed, mortgage, tax status, and any restrictions affecting the property.
Are heirs responsible for the deceased person’s mortgage?
An inherited house does not automatically become mortgage-free when its owner dies. The mortgage generally remains attached to the property, and the loan documents and applicable law determine what happens next.
An heir who inherits the property should contact the mortgage servicer, confirm payment requirements, and seek legal advice if foreclosure or title issues arise. Whether an heir is personally liable for a debt is a separate question from whether the debt is secured by the property.
How to Reduce Inheritance Disputes in Vermont
Estate disputes can arise when a will is unclear, family members disagree about the deceased’s wishes, or property ownership records are incomplete.
The following steps can help reduce the risk:
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Prepare a legally valid will: Clearly identify beneficiaries and describe how the estate should be distributed.
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Review beneficiary designations: Keep retirement accounts, life insurance policies, and payable-on-death accounts consistent with your intentions.
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Update documents after major life events: Review your estate plan after marriage, divorce, a birth, an adoption, or a major change in assets.
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Keep property records current: Confirm how real estate and other valuable assets are titled.
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Choose a suitable executor: Select someone who can manage records, communicate with beneficiaries, and fulfill fiduciary duties.
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Obtain legal and tax advice when necessary: Blended families, large estates, business ownership, and property in multiple states can raise complicated issues.
Good planning cannot prevent every disagreement, but it can make the deceased person’s intentions easier to establish and the administration process more manageable.
Frequently Asked Questions About Vermont Inheritance Laws
1. Who inherits when someone dies without a will in Vermont?
Vermont’s intestate succession laws determine who inherits. A surviving spouse may receive the entire intestate estate in certain family situations or one-half if the deceased leaves qualifying descendants who are not descendants of the surviving spouse. The remaining property passes to descendants or other relatives according to the statutory order.
2. Does a spouse automatically inherit everything in Vermont?
No. A surviving spouse may inherit everything under intestacy when there are no surviving descendants or when all surviving descendants are also descendants of the spouse. If the deceased leaves descendants from another relationship, the spouse generally receives one-half of the intestate estate, subject to the applicable rules.
3. Does Vermont have an inheritance tax?
No. Vermont does not impose a separate inheritance tax on beneficiaries simply for receiving an inheritance. However, the estate may owe Vermont estate tax, and inherited assets may generate other tax obligations.
4. How much can you inherit without paying estate tax in Vermont?
For deaths occurring in 2021 or later, Vermont’s estate tax threshold is $5 million under the current rules. The filing threshold was updated to $5 million effective June 18, 2026. The calculation includes applicable adjusted taxable gifts, and certain federal filing requirements may also trigger a Vermont return.
5. Can you disinherit a child in Vermont?
Vermont law permits a will to expressly exclude or limit an individual’s inheritance. However, the effect of the exclusion depends on the will, the assets involved, and other applicable legal rights. Anyone planning to disinherit a child should obtain advice from a Vermont estate-planning attorney.
6. How long does probate take in Vermont?
The time varies according to the estate’s size, assets, debts, tax requirements, court proceedings, and family disputes. A qualifying small estate may use a simpler process, while an estate involving real estate, substantial assets, or contested claims can take considerably longer. There is no single timeline that applies to every estate.
7. Can an executor sell a house in Vermont?
An executor may be able to sell estate-owned real estate if authorized by the will, applicable law, or the court. The executor must follow the relevant probate procedures and account for the sale proceeds. Beneficiaries should not assume that an executor can sell property without the necessary authority.
8. What happens to a bank account when someone dies in Vermont?
The result depends on whether the account is jointly owned, has a valid payable-on-death beneficiary, or belongs solely to the deceased. A qualifying joint account may pass to the surviving owner, while an account solely owned by the deceased may need probate administration before the funds can be distributed.
9. Can a will made in another state be valid in Vermont?
Yes. Vermont law recognizes certain wills executed outside the state when they meet the legal requirements specified in 14 V.S.A. § 112. However, the will may still need to be admitted to probate before it can be used to administer Vermont property.
10. Where can I find official information about Vermont inheritance laws?
Consult the following official resources:
Final Thoughts on Vermont Inheritance Laws
Vermont inheritance laws determine how property passes to surviving spouses, children, and other relatives, whether the deceased left a will or not. They also establish the probate process, protect certain surviving-spouse rights, and set the requirements for estate tax filing.
The most important steps are to understand how assets are owned, prepare a valid will, review beneficiary designations, and determine whether probate or estate tax filing is required. Because family circumstances and property arrangements can change the outcome, consult a qualified Vermont attorney for advice about a specific inheritance or estate dispute.
Steve George is Blogger, a marketer and content writer. He has B.A. in Economics from the University of Washington. Read more about Mzuri Mag.