§ 336. Individual absent and unheard of; share of estate
If an individual entitled to a distributive share of the estate of a decedent is absent and unheard of for six years, two of which are after the death of the decedent, the court in which the decedent’s estate is pending may order the share of the absent individual distributed in accordance with the terms of the decedent’s will or the laws of intestacy as if the absent individual had not survived the decedent. If the absent individual proves to be alive, he or she shall be entitled to the share of the estate notwithstanding prior distribution, and may recover in an action on this statute any portion thereof that any other individual received under order. Before an order is made for the payment or distribution of any money or estate as authorized in this section, notice shall be given as provided by the Vermont Rules of Probate Procedure. (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