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Spousal Elective Share Law in Vermont

In Vermont, a surviving spouse can waive the will and take one-half of the probate estate after allowances, claims and expenses, by filing a written election within 4 months after the later of service of the notice of rights or service of the inventory.

Last checked . General information, not legal advice.

Vermont at a glance

Elective share
1/2 of the probate estate after claims and expenses
Deadline to elect
4 months after notice of rights or inventory, if later
The court sends the notice of rights within 30 days after the inventory is filed. Newly reported property gives 30 more days. The court may order otherwise.
Community property state
No
Not on the IRS list of community property states.

Sources

Last checked

The rules in Vermont

How much can a surviving spouse claim in Vermont if left out of the will?

Elective share in Vermont: 1/2 of the probate estate after claims and expenses.

What is the deadline to claim the elective share in Vermont?

Deadline to elect in Vermont: 4 months after notice of rights or inventory, if later. The court sends the notice of rights within 30 days after the inventory is filed. Newly reported property gives 30 more days. The court may order otherwise.

Is Vermont a community property state?

No. Community property state in Vermont: no. Not on the IRS list of community property states.

Where do the Vermont spousal elective share laws come from?

The rules above come from 14 V.S.A. 319. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

The election is not automatic. A surviving spouse who wants the elective share usually must file a written election with the probate court, and serve notice on the personal representative, before a deadline. Missing the deadline can mean losing the right to elect.

Taking the elective share often means giving up gifts under the will and sometimes other benefits. Comparing what the will provides against the statutory share, including any trusts, life insurance or joint accounts that may count toward the share, helps show whether an election makes sense.

Spouses can often waive elective share rights in a written prenuptial or postnuptial agreement signed with full disclosure. If a waiver is part of an estate plan, the will, trust and marital agreement should be drafted to work together, and a local attorney can confirm the formal requirements.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.