Where Will My Assets Go If I Die Without a Will in Vermont?

Do you need a will? The age old question for those analyzing their Vermont estate planning to determine just how complicated they need to make their estate plan is best answered by asking another question; What happens if I die without a will? Analyzing this question may just compel you to take the steps necessary now to avoid having your loved ones find out the answer to this question the hard way.

Intestate Estate

Dying intestate simply means death without a will. In these cases, the distribution of assets can be as complicated as your family dynamics.

14 V.S.A. § 311 provides that should a decedent pass without a will, the entire estate shall pass to the surviving spouse if: (1) there are no descendants (children) of the decedent or (2) all descendants are also descendants of the surviving spouse. In this scenario, all assets, including real estate, investment accounts and personal property will, after a judge’s decree, pass to the spouse.

What if I Have Children From a Prior Relationship?

The complications of an intestate estate begin to magnify when the decedent has children that are not the children of the surviving spouse. Subsection (2) of 14 V.S.A. § 311, provides that should this scenario occur, the surviving spouse will receive 50 percent of the decedent’s estate, while the surviving child or children will split the other 50 percent.

What if I Have No Children and No Surviving Spouse at Time of My Death?

Here is where things get real complicated. If you pass without any children or spouse that survive you 14 V.S.A. § 314 kicks in, which provides the following distribution priority:

(1) to the decedent’s parents equally if both survive or to the surviving parent;

(2) to the decedent’s siblings and the descendants of any deceased siblings by right of representation;

(3) one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents;

(4) in equal shares to the next of kin in equal degree.

How Long Can It Take to Probate an Intestate Estate?

Depending on the complexity of the estate, probating an estate can take several months to several years. The length of this process will be dependent on many factors, including the complexity of the family tree and whether there are any disputes as to distributions. It is not uncommon for relatives of an intestate estate to make claims for certain assets that require a judge to weigh in on the validity of that claim. Meanwhile, the estate remains dormant, and the assets frozen (with the exception of paying estate expenses).

Just Do it

This post only touches on the many complexities of an intestate estate. The simple math of this analysis is this; regardless of your asset picture, drawing up a will can avoid much of the heartache, stress and expense that your family will endure if you elect not to. A Vermont will is not as scary as it sounds and can be simple and straight forward, the only thing more simple then that, is the potential landmines that you will leave your loved ones if you don’t.

The content here should not be construed as legal advice. Any specific legal questions should be directed to an attorney licensed to practice in Vermont.