Affidavit of Heirship in Vermont
Whether Vermont lets heirs prove inheritance of real estate by affidavit or court determination of heirship, and who inherits.
Short answer: No statute provides an affidavit of heirship for real estate. In Vermont, after payment of debts and approval of the final account, the Probate Division issues a decree of distribution identifying who receives the estate, including real estate. 14 V.S.A. § 1721; 14 V.S.A. §§ 1901-1903
| Affidavit / determination of heirship | No statute provides an affidavit of heirship for real estate. In Vermont, after payment of debts and approval of the final account, the Probate Division issues a decree of distribution identifying who receives the estate, including real estate. Small estates may be opened with a petition to open a small estate. |
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| Who inherits without a will | After debts, funeral charges, allowances and administration expenses, the surviving spouse takes the entire estate if the decedent left no descendants or if all of the decedent's descendants are also descendants of the surviving spouse; the spouse takes one-half if any descendant of the decedent is not a descendant of the spouse. Whatever does not pass to the spouse goes to descendants by representation; if none, to the parents equally (or the surviving parent); if none, to brothers and sisters and the descendants of deceased siblings; if none, to grandparents (half to each side); if none, to the next of kin in equal degree. A person must survive the decedent by 120 hours to inherit. The surviving spouse may also ask the court for the household furnishings in addition to the intestate share (14 V.S.A. § 312). Source: 14 V.S.A. §§ 311, 314, 337 |
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FAQ
Does Vermont have an affidavit of heirship?
No statute provides an affidavit of heirship for real estate. In Vermont, after payment of debts and approval of the final account, the Probate Division issues a decree of distribution identifying who receives the estate, including real estate. Small estates may be opened with a petition to open a small estate.
Who inherits if someone dies without a will in Vermont?
After debts, funeral charges, allowances and administration expenses, the surviving spouse takes the entire estate if the decedent left no descendants or if all of the decedent's descendants are also descendants of the surviving spouse; the spouse takes one-half if any descendant of the decedent is not a descendant of the spouse. Whatever does not pass to the spouse goes to descendants by representation; if none, to the parents equally (or the surviving parent); if none, to brothers and sisters and the descendants of deceased siblings; if none, to grandparents (half to each side); if none, to the next of kin in equal degree. A person must survive the decedent by 120 hours to inherit.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.