What a Surviving Spouse in Vermont Needs to Know When a Spouse Dies Intestate

Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice about your specific situation, consult a Vermont probate attorney.

Detailed Answer — Your basic legal rights and practical steps

When a spouse dies without a will (called dying “intestate”) in Vermont, state probate law determines who inherits and who administers the estate. As the surviving spouse you have important legal rights: the right to inherit under the intestacy rules, the right to seek appointment as the estate’s personal representative (administrator), and certain short-term financial protections while the estate is being settled. If the decedent’s family is excluding you from decisions, you can ask the probate court to enforce your rights.

Where Vermont’s rules are found

Vermont’s probate and intestacy rules are part of the Vermont Statutes (Title 14). For the full statutory text and specific sections, see the Vermont statutes (Title 14): https://legislature.vermont.gov/statutes/title/14. For probate court procedures and how to file, the Vermont Judiciary site is the place to start: https://www.vermontjudiciary.org/.

Intestate inheritance basics

If your spouse died without a will, Vermont’s intestacy rules determine who inherits. Typically:

If the decedent left a surviving spouse and no surviving descendants (no children, grandchildren), the surviving spouse usually inherits the entire estate.
If the decedent left a spouse and descendants who are also descendants of the surviving spouse (e.g., children of the marriage), the spouse often receives the entire estate.
If the decedent left a spouse and descendants who are not descendants of the surviving spouse (for example, children from a prior relationship), the spouse’s share may be limited and the children may inherit part of the estate.

Because intestacy rules can be technical and vary based on family structure and ownership of property (joint tenancy, beneficiary designations, trusts), you should review the statutory provisions in Title 14 and speak with counsel to determine the likely distribution in your situation: Vermont Statutes, Title 14.

Right to be appointed personal representative (administrator)

The probate court appoints a personal representative to collect assets, pay bills and distribute property. As surviving spouse you have priority to serve as the personal representative in many cases. If a family member attempts to take control of the estate without court appointment, you can ask the probate court to appoint you and to require that person to account for any assets they handled. To start the process, you or an attorney file an application or petition with the probate division in the county where the decedent lived. For forms and local procedures, check the Vermont Judiciary site: https://www.vermontjudiciary.org/.

Immediate protective steps you can take

Obtain certified copies of the death certificate. Banks and the probate court will require them.
Gather key documents: marriage certificate, deeds, vehicle titles, bank statements, insurance policies, retirement account beneficiary forms, any handwritten notes that might be a will, and recent mail addressing the decedent.
Take an inventory (photographs and lists) of property in the home. If family members are removing items, document what happens (dates, photos, witnesses).
If family members are taking property or locking you out, contact the probate court quickly to ask for an emergency appointment or temporary order. You can also consult local law enforcement if you believe theft is occurring; the probate court can order return and accounting of estate assets.

Short-term financial protections available in Vermont

While the estate is being opened, the law typically provides limited protections for the surviving spouse to meet immediate needs. Common remedies include:

Family allowance — a short-term allowance for the surviving spouse’s support during administration of the estate (amounts and procedures are set by statute and probate practice).
Exempt property and homestead — statutes often protect certain personal property and a portion of the home from administration to ensure the spouse can remain housed and maintain essential household items.
Priority appointment — role as personal representative to control access to estate assets and decisions.

To find the exact Vermont statutory protections and amounts, review Title 14 of the Vermont Statutes and consult the probate court or an attorney: Vermont Statutes, Title 14.

What to do if the decedent’s family cuts you out of decisions

If family members are excluding you from estate decisions, removing property, or acting as though they control the estate, take these steps:

File a petition with the probate court to open the estate (if it isn’t already opened) and to appoint a personal representative. Ask the court to give you priority appointment if appropriate.
If someone is taking assets or preventing you from entering a jointly used home, tell the court and ask for temporary orders to preserve the estate (temporary injunctions, inventory orders, or orders preventing transfer of assets).
Request an accounting for any assets that others claim to be holding for the estate.
Consider filing a civil action if the family’s conduct amounts to conversion (wrongful taking) or if they refuse to follow a court order.

The probate court has authority to enforce its orders, to remove or deny letters of administration to persons who act improperly, and to order return of estate property. If you face immediate interference, contact the probate court clerk right away and consult an attorney to prepare filings and emergency motions.

Practical limits and common complicating issues

Understand these real-world complications:

Property held jointly with right of survivorship or property with beneficiary designations (life insurance, retirement accounts) typically passes outside probate and may not be controlled by the estate.
If your spouse had separate children, they may have legal entitlement to part of the estate under intestacy rules.
If family members claim a prior agreement or informal will, the probate court will evaluate evidence of intent and validity.
Delays and costs: opening an estate and litigating access can take months and incur fees; weigh immediate needs against litigation costs.

How an attorney can help

An attorney experienced in Vermont probate can:

File the probate petition and request priority appointment as personal representative.
Ask the court for emergency orders to prevent removal or dissipation of assets.
Advise on claims to exempt property, family allowance, and homestead rights.
Negotiate with the decedent’s family or represent you in contested probate proceedings.

Helpful Hints

Act quickly. Probate and emergency motions work faster if filed early.
Collect documentation now: death certificate, marriage certificate, deeds, titles, bank account information, beneficiary forms.
Do not let family members move or destroy items without documentation. Photograph items and the home’s condition.
Contact the probate court clerk in the county where your spouse lived. The clerk can tell you about local forms and filing fees: Vermont Judiciary.
Keep records of any money you spend for the decedent’s funeral or household expenses—these may be reimbursable from the estate.
If you feel threatened or if property is being stolen, contact local law enforcement as well as the probate court.
Get legal help. A probate attorney can explain how Vermont’s intestacy rules apply to your family facts and can protect your rights in court.

Key resources:

Vermont Statutes, Title 14 (Probate and related rules): https://legislature.vermont.gov/statutes/title/14
Vermont Judiciary (probate court information and forms): https://www.vermontjudiciary.org/

If you would like, I can help draft a checklist of documents to gather, explain how to find the probate court clerk for your county, or prepare a template list of questions to ask a Vermont probate attorney.