VT estate risk
Complexity triggers in Vermont
Scenarios that increase estate risk, such as blended families or multi-state property.
Vermont provides an elective share for surviving spouses and a homestead allowance that can override will provisions.
At a glance
Key takeaways
- A surviving spouse may elect to take one-half of the decedent’s estate subject to election.
- A homestead allowance is available for the spouse or minor children and has priority over most claims.
Questions to consider
Questions to consider in Vermont
- Which situations create the most risk here?
- What types of families face higher default exposure?
- Where do disputes most often arise?
State overview
Vermont provides an elective share for surviving spouses and a homestead allowance that can override will provisions.
- A surviving spouse may elect to take one-half of the decedent’s estate subject to election.
- A homestead allowance is available for the spouse or minor children and has priority over most claims.
Sources
- https://legislature.vermont.gov/statutes/section/14/042/00319
- https://legislature.vermont.gov/statutes/section/14/042/00313
Background sources
- Uniform Probate Code (2019) - Foreign personal representatives
Article IV addresses ancillary administration and multi-state estates.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Jurisdiction conflicts for multi-state guardianship matters.
- Uniform Partition of Heirs Property Act (UPHPA)
Heirs property disputes and forced-sale protections.
National sources provide baseline context; state statutes and court rules control in Vermont.
Optional next steps
Continue with related estate-risk context
Educational resources only. No forms and no legal advice.
Understand death-risk context for Vermont
LifeRiskIQ gives broader mortality context that can help frame when estate planning becomes more urgent.
Understand retirement-risk context for Vermont
RetirementRiskIQ explains how asset growth and longevity can increase estate complexity over time.
Review federal estate tax basics
IRS guidance on federal estate tax thresholds, filings, and definitions.