§ 311. Share of surviving spouse
After payment of the debts, funeral charges, allowances to the surviving spouse and children pursuant to sections 316 and 317 of this title, and expenses of administration, the intestate share of the decedent’s surviving spouse is as follows:
(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. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 42 - Descent and Survivors' Rights
§ 302. Dower and curtesy abolished
§ 311. Share of surviving spouse
§ 312. Surviving spouse to receive household goods
§ 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle
§ 314. Share of heirs other than surviving spouse
§ 315. Parent and child relationship
§ 316. Allowances for surviving spouse and family during administration
§ 317. Allowance to children before payment of debts
§ 318. Allowance to children after payment of debts
§ 319. Elective share of surviving spouse; notice of rights
§ 320. Effect of divorce order
§ 321. Conveyance to defeat spouse’s interest
§ 322. Unlawful killing affecting inheritance
§ 323. Written waiver of spousal rights
§ 331. Degrees; how computed: kindred of half-blood
§ 332. Share of afterborn child
§ 333. Share of child or descendant of child omitted from will
§ 334. Afterborn and omitted child; from what part of estate share taken
§ 335. Beneficiary dying before testator; descendants to take
§ 336. Individual absent and unheard of; share of estate
§ 337. Requirement that individual survive decedent for 120 hours
§ 338. Distribution; order in which assets appropriated; abatement