How Probate Works in Vermont

1) Anyone holding a will must deliver it within 30 days after learning of the death, to the Probate Division or to the named executor. 2) The executor (or other applicant) files a petition to open the estate with the death certificate in the probate unit where venue lies. 3) The court allows the will and issues letters after any required bond. 4) Notice to creditors is given under the probate rules. 5) File an inventory within 60 days after appointment. 6) File an account within one year after letters issue, and annually after that until the estate is settled. 7) Obtain tax clearance from the Department of Taxes, pay claims, and distribute.

Two simplified routes exist. (1) Small estate administration for personal-property-only estates of $45,000 or less: letters last one year, the fiduciary confirms the inventory within 60 days, pays creditors, distributes the balance, files a sworn statement of payments, and may be discharged without a further accounting. (2) Waiver of administration (for estates that are not small estates): if the moving party is the sole beneficiary named as sole executor (or, without a will, the sole heir serving as sole administrator) and the decedent owned no Vermont real estate, the court may waive the inventory and bond and dispense with filings other than a final affidavit of administration, filed 6 months to 1 year after appointment, confirming that all debts and claims are paid and Vermont tax clearance has been received.

Claims arising before death must be presented within four months after the first publication of the notice to creditors. If no notice is published or given, claims must be presented within one year after death. Claims arising at or after death must be presented within four months after they arise (or performance is due). Claims not presented in time are barred against the estate, the fiduciary and the heirs. A disallowed claim is barred unless the creditor files a petition or starts a proceeding within 60 days after notice of disallowance is mailed.

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.

Vermont does not use an out-of-court collection affidavit. Instead, a small estate (fair market value of $45,000 or less, consisting entirely of personal property, with no real estate other than a time-share) may be opened in the Probate Division by filing a petition, a list of interested persons, the filing fee, an original death certificate, an inventory, an affidavit of paid and outstanding funeral expenses and debts, a bond without surety equal to the estate's value, and the will, if any. Interested persons who do not consent in writing have 14 days after notice to object; if none object, the court approves the fiduciary and any will without a hearing.

Estates and wills are handled by the Probate Division of the Superior Court in the county where the person lived at death. A person may file their will with the probate division for safekeeping; it stays confidential during their life, and after death anyone who provides a certified death certificate can learn whether a will is on file. On the Vermont Judiciary Public Portal, anonymous users cannot view probate cases or documents remotely; only parties can request elevated online access, and publicly accessible probate information is available at courthouse public access terminals.