Case Studies
Plans & Pricing
Log InGet a Demo
Get Started
No Credit Card Required
Product
Resources
Case Studies
Plans & Pricing

Table of Contents

700-00047 Guidance: Notice of Rights of Surviving Spouse (Vermont)

This form is used by a surviving spouse to understand and assert their legal rights following the death of their spouse, including the option to elect against the decedent's Last Will, claim a share of the estate, and request support during the estate's administration process. Jump to guide on filling it out.

Don't settle for the empty PDF.

See how Gavel’s workflows can generate a 700-00047 form for you or your clients

Tips for filling out form 700-00047

When completing form 700-00047, pay special attention to these less obvious sections:

Item 1

Time-Sensitive Decision

You only have four months from the notice or inventory date to decide if you want to waive the provisions of the will. Mark these dates on your calendar to avoid missing this deadline.
Item 2

Guardian or Agent Role

If you have a legal guardian, agent, or attorney-in-fact, they may have the authority to elect against the will on your behalf. Consult with them quickly to ensure decisions are made timely.
Item 3

Newly Disclosed Assets

If new assets are discovered and reported, you have only 30 days to decide to elect against them. Pay close attention to updates in the estate's inventory or accounting filings.
Item 4

Homestead Value

The surviving spouse's right to the homestead is limited to a maximum value of $125,000. Consider the market value of the property to understand what this means for you.
Item 5

Support Request Timeline

Requesting support from the estate should be done promptly, especially in cases involving minor children. This support might not be available after estate settlement or eight months in insolvent cases.

What to do after filing form 700-00047

1
Confirm Filing Acknowledgment: After submitting the Notice of Rights of Surviving Spouse form to the Vermont Superior Court, verify that you have received an acknowledgment of your filing. This may include a receipt or confirmation from the court clerk's office.
2
Monitor Deadlines: Keep track of the deadlines for electing against the decedent's will, especially the four-month window to file a written election with the court. Note any specific dates that apply to your situation based on when notice of rights or inventory was served.
3
Consult with an Attorney: If you haven't already, consider seeking legal advice to help navigate any complexities in your situation, such as understanding your rights under Vermont probate law or making decisions about electing against the will.
4
Request Court-Ordered Allowances: If applicable, work with your attorney to request reasonable allowance for support and maintenance during the estate administration. This may require filing a request with the Probate Court or attending a hearing.
5
Wait for Court Correspondence: Be on standby for any communications from the court regarding your filing or subsequent steps. This might include notifications about further hearings, requirements for additional information, or updates on the estate administration process.
Gavel automates client intake, document drafting, and revenue generation so you can focus on practicing law.