Updated September 4, 2026. Quick answer: in Vermont, dying without a will does not mean the state keeps the estate; it means Vermont’s intestacy statute (14 V.S.A. §§ 311 (Share of surviving spouse); 314 (Share of heirs other than surviving spouse); 331 (Degrees; how computed: kindred of half-blood)) decides who gets it, and the surviving spouse usually does not take everything. The single most common misunderstanding on this page: a stepchild or a child from an earlier relationship can cut the spouse’s share sharply below what most people assume.
What this guide covers
Who inherits from Vermont residents who die without a will is set by statute, not custom: 14 V.S.A. §§ 311 (Share of surviving spouse); 314 (Share of heirs other than surviving spouse); 331 (Degrees; how computed: kindred of half-blood) and the sections around it. It governs only the probate estate: what is left after retirement accounts and life insurance with a living named beneficiary, payable-on-death accounts, property in joint tenancy with survivorship, and anything already in a funded trust have already passed outside it. This page covers the spouse’s share, who inherits if there is no spouse, and the rules that can change the answer: half-blood relatives.
The spouse’s share
When the spouse takes everything: 14 V.S.A. section 311(1): the surviving spouse receives the entire intestate estate if no descendant of the decedent survives the decedent, or if all of the decedent’s surviving descendants are also descendants of the surviving spouse.
When it is less than everything: Section 311(1): entire intestate estate under the condition above. Section 311(2): if the decedent is survived by one or more descendants who are not descendants of the surviving spouse and are not excluded by the decedent’s will from inheriting, the surviving spouse receives exactly one-half (1/2) of the intestate estate. Vermont’s blended-family reduction is a flat 1/2 fraction; no dollar-amount-plus-fraction formula and no intermediate ‘spouse has other descendants not of decedent’ tier (contrast West Virginia’s 3/5 tier and DC’s 2/3 vs 1/2 tiers). Share is computed after debts, funeral charges, spousal/child allowances, and administration expenses are paid.
(1) The surviving spouse shall receive the entire intestate estate if no descendant of the decedent survives the decedent or if all of the decedent’s surviving descendants are also descendants of the surviving spouse. (2) In the event there shall survive the decedent one or more descendants of the decedent who are not descendants of the surviving spouse and are not excluded by the decedent’s will from inheriting from the decedent, the surviving spouse shall receive one-half of the intestate estate.
Source: 14 V.S.A. §§ 311 (Share of surviving spouse); 314 (Share of heirs other than surviving spouse); 331 (Degrees; how computed: kindred of half-blood)
If a DIY will fits your situation in Vermont
In Vermont, a surviving spouse can end up sharing the estate with a stepchild or a child from an earlier relationship under the default rules above; a will is what lets you decide that instead of the statute. LawDepot builds a state-specific last will and testament.
LawDepot pays us a commission if you buy through this link; it costs you nothing extra. We are not a law firm and this is not legal advice. Affiliate Disclosure.
Who inherits if there is no spouse
Section 314(a): balance not passing to spouse goes to decedent’s descendants by right of representation. Section 314(b) if none: (1) decedent’s parents equally or surviving parent; (2) decedent’s siblings and descendants of deceased siblings by right of representation; (3) one-half to paternal grandparents/their descendants and one-half to maternal grandparents/their descendants (or all to one side if the other side has no survivors); (4) in equal shares to the next of kin in equal degree.
Rules that change the outcome
Half-blood relatives: Full share. 14 V.S.A. section 331: ‘Kindred of the half-blood shall inherit the same share they would inherit if they were of the whole blood.’
What a will changes
A will does not just skip the statute above; it lets you choose who gets Vermont property that the intestacy rules would send somewhere else: a spouse who would otherwise share the estate with a stepchild, a partner who is not married and inherits nothing under intestacy at all, or specific people the statute’s ladder never reaches. It also lets you name an executor rather than leaving the court to appoint one. What it does not change: assets that already pass outside probate: a will has no effect on a beneficiary designation, a payable-on-death account, or property held in joint tenancy.
General information drawn from state intestate-succession statutes, not legal advice. Who inherits without a will is STATE law and differs in every state; the spouse’s share, the order of inheritance, and how half-blood and community-property rules apply all change, and every figure here is sourced and dated. We are not a law firm and this is not legal advice.