Elective Share in Vermont
State-specific overview · Estate & Probate
Vermont grants a surviving spouse one-third of the estate if children exist, or one-half if childless, with a six-month election deadline.
How Vermont treats Elective Share
Vermont law allows a surviving spouse to elect against the will and claim a statutory share of the deceased spouse's estate. The spouse receives one-third of the net estate if the deceased had surviving children, and one-half if no children survive. The election must be filed within six months of the death, which is shorter than the nine-month period in some other states. This elective share right ensures the surviving spouse receives a minimum inheritance despite any testamentary provisions to the contrary.
The general definition of Elective Share
A surviving spouse's right to claim a portion of the deceased spouse's estate despite the will.
In most states, a surviving spouse cannot be completely cut out of a will. Even if the deceased spouse's will leaves everything to someone else, the surviving spouse has the right to claim a percentage of the estate (often one-third to one-half). This protects spouses from being disinherited and ensures they have financial security after their partner's death.
Read the full Elective Share entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Vermont.