§ 314. Share of heirs other than surviving spouse
(a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation.
(b) If there is no taker under subsection (a) of this section, the intestate estate passes in the following order:
(1) to the decedent’s parents equally if both survive or to the surviving parent;
(2) to the decedent’s siblings and the descendants of any deceased siblings by right of representation;
(3) one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents;
(4) in equal shares to the next of kin in equal degree.
(c) If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
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