It’s October in Vermont. The maples are doing their annual performance — forty shades of orange and red that make people drive from three states away just to look at leaves. You own a farm outside Montpelier, you’ve been making syrup since before your kids were born, and the property has been in your family since the 1940s. Your cousin from Massachusetts has been eyeing that land for years. Your neighbor — a fourth-generation Vermonter who’s been helping you tap trees every March — assumed you’d leave him the eastern parcel.
Then you die without a will.
Your cousin from Massachusetts now has an intestacy claim. Your neighbor gets nothing — he wasn’t in the bloodline. The farm goes through Vermont’s probate court. And whoever the law says is next in line shows up for their share of a maple syrup empire you spent 30 years building.
Vermont foliage is beautiful. Vermont intestacy is considerably less so.
Vermont’s Intestate Succession Law
Vermont’s intestacy rules are codified in 14 V.S.A. § 301 et seq. — Title 14 of the Vermont Statutes, dealing with Decedents’ Estates. Vermont’s system follows a fairly traditional common-law framework, though Vermont has been a progressive leader in recognizing domestic partnership and same-sex marriage for inheritance purposes.
Married with children:
- Your spouse inherits 1/2 of your estate.
- Your children split the remaining 1/2 equally, per stirpes.
Married with no children:
- Your spouse inherits the entire estate.
Single with children:
- Your children inherit everything equally, per stirpes (a deceased child’s share passes to their children).
Single, no children, no spouse:
- Your parents inherit equally. If one parent is dead, the survivor takes everything.
- If both parents are dead: siblings and descendants of deceased siblings split it.
- Beyond that: grandparents, then their descendants.
Domestic partners and civil unions:
Vermont was the first state in the country to legally recognize civil unions (2000) and one of the first to legalize same-sex marriage (2009). Vermont law explicitly extends the same intestate inheritance rights to civil union partners and same-sex spouses as to opposite-sex spouses. If you’re in a legally recognized civil union or marriage, your partner has full intestate inheritance rights.
If you’re in an unregistered partnership — living together, financially intertwined, 20 years deep — Vermont gives them nothing under intestacy. The protection applies only to formalized relationships.
The 50/50 spouse-children split:
Vermont’s equal split between spouse and children is harsher on spouses than the UPC approach (which gives spouses $300,000 off the top before the percentage split). If you have a $400,000 estate, your spouse gets $200,000 and your kids split $200,000. On a farm worth $800,000, your spouse gets $400,000 in value — but if they can’t buy out the children’s fractional interests, they may not be able to stay on the land.
What Probate Looks Like in Vermont
Vermont intestate estates go through the Probate Division of the Vermont Superior Court. Vermont reorganized its court system in 2010, consolidating the formerly separate Probate Court into the Superior Court’s probate division — one in each of Vermont’s 14 counties.
Timeline: 6-12 months for uncomplicated estates. Vermont’s creditor notice period runs a minimum of 4 months. Complex estates — especially those involving farm property, business interests, or multiple out-of-state heirs — take longer.
Costs: Vermont doesn’t fix attorney or personal representative fees by statute. Fees are “reasonable” — in practice, 3-5% of estate value. On a $500,000 estate, budget $15,000-$25,000 in fees.
Small estate procedure: Vermont allows simplified administration for estates where the total probate value is $45,000 or less. Real estate typically pushes estates above this threshold. If your estate qualifies, the process avoids full court administration.
Vermont’s 14 counties:
Vermont has 14 counties, each with a Superior Court probate division. Probate is filed in the county where the decedent lived. If you own property in multiple counties, the primary probate is still in the county of residence — Vermont doesn’t require separate proceedings for real property in different Vermont counties (unlike Rhode Island’s municipality-by-municipality system).
Vermont-Specific Quirks
Progressive partnership recognition:
Vermont’s early adoption of civil union law means many long-term Vermont couples formalized their relationships under civil union law before same-sex marriage was nationally available. Those civil union partners have the same inheritance rights as spouses. Vermont has consistently been ahead of the national curve on recognizing relationship equality in law.
The estate tax for large estates:
Vermont has a state estate tax, but with a relatively high threshold: estates worth more than $5 million are subject to Vermont estate tax. The tax rate is 16% above the threshold. Most Vermonters — even those with significant farm or real estate holdings — won’t reach this threshold. But it’s worth knowing for those with larger agricultural or business estates.
No inheritance tax: Vermont has no inheritance tax. Heirs don’t personally owe Vermont anything on what they receive.
Agricultural land and Act 250:
Vermont has significant agricultural land governance through Act 250, which regulates development and land use. Large parcels of land may have conservation easements, deed restrictions, or development rights issues that affect how the land can be used, sold, or transferred. Intestacy doesn’t navigate these complexities — the heirs inherit them along with the land itself.
Vermont Land Trust:
Many Vermont farm and forest properties are protected by conservation easements through the Vermont Land Trust or similar organizations. These easements run with the land and restrict certain uses regardless of who owns it. Intestate heirs inherit land that comes pre-packaged with obligations they may not fully understand.
Maple syrup and agricultural succession:
Vermont is the country’s largest maple syrup producer. Family sugarbushes represent significant agricultural value and family heritage. Intestacy can fracture sugarbush ownership the same way it fractures any agricultural land — multiple heirs owning an undivided interest, no clear decision-maker, no clear manager, and a seasonal operation that requires coordination that co-owners may not be willing or able to provide.
How to Avoid This
Vermont gets a lot of things right. The foliage. The craft beer. The progressive legal framework for family recognition. The high estate tax threshold that protects most families.
What Vermont can’t fix is the absence of a will. Intestacy is impersonal and mechanical. It doesn’t know about your cousin from Massachusetts, your neighbor who’s been tapping trees with you for decades, or the kid who moved to Burlington who you’d rather not give the farm to.
A will at Killswitch costs $69. You decide what happens to the sugarbush. You name your trusted neighbor as a specific beneficiary. You protect your civil union partner if you never formally upgraded to marriage. You give your spouse a real inheritance instead of a fractional co-ownership battle with your children.
Sixty-nine dollars. The foliage will still be here next October. Make sure your family is okay when it is.
Start your will at Killswitch → killswitch.rip
Frequently Asked Questions
Q: Vermont recognized civil unions early. Does my civil union partner have the same inheritance rights as a spouse?
A: Yes. Vermont explicitly gives civil union partners the same intestate inheritance rights as legally married spouses. If you entered a civil union in Vermont, your partner is treated identically to a spouse under Vermont intestacy law. If you’re in an informal, unregistered relationship — no civil union, no marriage — your partner inherits nothing without a will.
Q: Does Vermont’s estate tax apply to most estates?
A: No. Vermont’s estate tax threshold is $5 million — only estates worth more than this amount owe Vermont estate tax at 16%. Most Vermont families, even those with significant real estate or agricultural holdings, won’t reach this threshold. However, farm properties with high land values and conservation easements can accumulate value that surprises families. Know your numbers.
Q: My family farm is protected by a Vermont Land Trust easement. What happens when it passes through intestacy?
A: The easement transfers with the land — your heirs inherit the land subject to the same restrictions you agreed to. Conservation easements limit development, subdivision, and certain uses regardless of who owns the property. This isn’t necessarily a problem, but heirs who didn’t negotiate the easement may not understand its terms. A will lets you leave the farm to someone who does understand it and is committed to its agricultural mission.
Q: How does Vermont’s 50/50 spouse-children split differ from other states?
A: Vermont gives your spouse 50% and your children 50%, with no guaranteed minimum for the spouse. States that follow the Uniform Probate Code give the spouse the first $225,000-$300,000 off the top before the percentage split — offering better protection for spouses when the estate is moderate-sized. Vermont’s flat 50/50 can leave a surviving spouse short, especially if the estate’s value is tied up in real estate that can’t be easily divided.
Q: Can I avoid Vermont probate entirely?
A: Not entirely, but significantly. Assets with named beneficiaries (retirement accounts, life insurance, POD accounts) pass outside probate. A revocable living trust, properly funded, also avoids probate. For a Vermont farm or real property, a well-drafted estate plan using a trust or TOD deed can eliminate most of the probate burden. A will is the starting point for building that plan.
Killswitch helps you create a legally valid will in all 50 states for $69 flat. No lawyers, no hourly fees, no excuses. killswitch.rip
