State Laws
Probate in Vermont
Petition for Probate of Will
To initiate probate, the following documents must be filed with the probate division of the superior court in the county where the decedent resided[4]:
- Petition to Open Decedent’s Estate
- List of Interested Persons
- Original will
- Death certificate
If a hearing is required to prove the will/appoint the executor, each interested party must be sent a Notice of Hearing, and a copy of the will and Petition. A Certificate of Service must be filed.[5] After receiving Letters Testamentary, the appointed executor must file an Inventory, send copies to interested parties, and file another Certificate of Service.[6] They must also publish, file, and send creditors a Notice to Creditors.[7]
Once debts are resolved, the executor must file a Final Summary of Account, send beneficiaries a copy with a Consent Form, and attend the required hearing (if not all parties consent).[8] The executor can distribute assets once a Final Decree of Distribution is issued. The Fiduciary’s Closing Report and Discharge with Receipts from beneficiaries will then be filed to finalize the process.[9]
Small Estates
If the decedent’s estate is valued at $45,000 or less and contains no real estate, a Petition to Open Small Estate may be filed to simplify the probate process.[10]
Resources
Forms
- Petition to Open Decedent’s Estate
- List of Interested Persons
- Certificate of Service
- Inventory
- Notice to Creditors
- Summary of Account with Schedules & Motion to Allow Account
- Consent
- Final Decree of Distribution
- Receipt
- Fiduciary’s Closing Report and Discharge
Links
Sources
- 14 V.S.A. § 1
- 14 V.S.A. § 5(a)(2)
- 14 V.S.A. § 11(a)
- 14 V.S.A. § 104(a), Probating a Vermont Estate pg. 3
- 14 V.S.A. § 107(a), Probating a Vermont Estate pg. 4
- 14 V.S.A. § 902, 14 V.S.A. § 1051
- V.R.P.P. Rule 64(a)
- 14 V.S.A. § 1055, Probating a Vermont Estate pg. 10
- 14 V.S.A. § 1721(a)(3), Probating a Vermont Estate pg. 11
- 14 V.S.A. § 1901(a)