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A Spouse and the Will

14 V.S.A. § 319 — a surviving spouse may take one half of the probate estate instead of what the will leaves

  • A surviving spouse may waive the will and take one-half of the probate estate left after allowances, claims and expenses.
  • The spouse must be living when the election is made, and a guardian or an agent with the right authority may sign it.
  • A spouse who signed a valid waiver of the right cannot elect.
  • 14 V.S.A. § 319
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Four months to choose. The court sends the spouse a notice of rights within 30 days of the first inventory, and the written election is due within four months of the later of that notice or the inventory. Property reported later gives the spouse 30 days from service of the new filing.

  • 14 V.S.A. § 319
Sources for this section (1)
  1. 14 V.S.A. § 319 — Elective share of surviving spouse; notice of rights

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Vermont attorney.

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