Letters Testamentary in Vermont

Letters are issued by the Probate Division of the Superior Court. A person holding a will must deliver it within 30 days after learning of the death. The executor (or other applicant) files a Petition to Open Decedent's Estate with the death certificate in the probate unit where venue lies; the court allows the will and issues letters testamentary (or letters of administration if there is no will) after any required bond is filed. Without a named executor, the court appoints the surviving spouse, next of kin, or a person they nominate, and otherwise a principal creditor or other suitable person. A nonresident may be appointed only in the court's discretion and must designate a Vermont resident agent. Vermont DMV accepts a letter from the Probate Court showing the appointment.

The executor named in the will is generally appointed. If there is none, the court appoints the surviving spouse, next of kin, or a person they nominate; if they are unsuitable or no one applies, a principal creditor or another suitable person. A minor named as executor cannot serve while a minor. A nonresident may be appointed only in the court's discretion when the main administration is in Vermont, and must promptly designate in writing a Vermont resident to act as resident agent for service of process. The executor or administrator gives a bond in an amount set by the court, conditioned on filing an inventory within 60 days, rendering accounts and following court orders.