Estates and Wills

If the decedent (the person who died) did not own any real estate other than a timeshare and the estate is worth less than $45,000.00, you can use the small estate procedure to probate the estate. The procedure is governed by Vermont Rule of Probate Procedure 80.3 (scroll down to Rules of Probate Procedure).

File the Forms

To start a small estate case, you must file the following with the court:

1. Certified copy of the death certificate.
2. Original will (if there was one) and any amendments (codicils).
3. Copy of paid bill for funeral expenses.
4. Petition to Open Small Estate (form 700-00001SM)
5. Notice of Appearance - Probate Division (form 700-00148)
6. List of Interested Persons for Estates (form 700-0002E)
7. Inventory Schedule (form 700-00030)
8. Affidavit of Paid & Outstanding Funeral Expenses and Debts for Small Estate (form 700-00402)
9. Small Estate Administration Bond (form 700-00020PESM) - The bond is without surety unless the judge orders otherwise
10. Certificate of Service (form 600-00264)
11. The filing fee, or a request to waive the filing fee. See the Application to Waive Filing Fees and Service Costs web page for information and forms.

Depending on the situation, you may need additional forms. For example, If the proposed executor or administrator is not a Vermont resident, you will also need to fill out and file Appointment of Resident Agent (form 700-00026). You can find forms at the bottom of this web page under Small Estates. 

File your completed forms with the Probate Division of the Superior Court in the county in which the decedent lived at the time of their death. See the Filing Procedures web page for more information about filing options.

Be sure to keep a copy of everything you file with the court.

Filing Fee

You will be required to pay a filing fee. Filing fees are listed on the Fees web page.  (select Probate Division Fees and scroll down to Filing fee for estate). If you can't afford the filing fees, you can ask the court to consider waiving them. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.

Pay Debts and Distribute Balance of the Estate

Once the court approves the will (if there was one), pay any known debts of the deceased and funeral expenses and then distribute the balance in accordance with the terms of the will or in accordance with the intestate laws (if there was no will).

Closing the Case

After you have taken care of the debts and distributed the remaining assets of the estate, file the Report of Fiduciary of Small Estate (form 700-00055) with the court stating what debts you paid, and how the funds were distributed. Anyone who received a distribution from the estate should fill out a Receipt (form 700-00153) or something similar. File any Receipts with the court. 

See the Probating a Vermont Estate Booklet for more information about the small estates process.

Re-titling or registering a vehicle

See the Vermont Department of Motor Vehicles' Death of Owner web page for information about the requirements for re-titling or registering a vehicle of a person who has died.

To open an estate, you must file a petition along with an original will and any codicils (amendments), certified death certificate, the documents listed in the Forms section at the bottom of this web page, and the filing fee.

File your completed forms with the Probate Division of the Superior Court in the county in which the decedent lived at the time of their death. See the Filing Procedures web page for more information about filing options.

You will be required to pay a filing fee. Filing fees are listed on the Fees web page.  (select Probate Division Fees and scroll down to Filing fee for estate). If you can't afford the filing fees, you can ask the court to consider waiving them. See the Application to Waive Filing Fees and Service Costs web page for more information and forms.

Be sure to keep a copy of everything you file with the court.

You need to open an estate only if there are assets in the sole name of the deceased. If the only asset is a vehicle, for example, and there is a surviving spouse, you may not need to open an estate. For more information, call the probate court in your county or contact a lawyer.

Any interested person may file a petition with the probate division to open the estate. You do not have to have a lawyer to open an estate. However, if you are unsure of your rights or duties, it is best to get legal counsel to avoid mistakes during the probate process and to assure protection of your rights. The Finding Legal Help web page has information about ways to get the help of an attorney. 

The court may have a hearing on the petition. The court examines the will to determine its validity and formally recognize the executor. If there is no will, the court appoints an administrator to handle the estate. The law gives surviving spouses and next-of-kin priority for appointment as administrators, provided they are suitable. The court will appoint the person best suited in accordance with the priorities set by law.

Before the court appoints you as administrator or executor of an estate, the court will require a bond. This is your promise to administer the estate properly.

• In a small estate case, no surety is required unless the judge orders it. 
• If a personal surety is required, you may need a financially responsible person to join with you in the obligation of the bond. If you violate your duties and cause a loss, both you and the surety are potentially liable on the bond.
• If a commercial surety is required, you should contact insurance companies to find an insurer who writes fiduciary bonds. There will be a bonding fee for this type of surety depending upon the amount of the bond. The fee would be an administration expense which should be paid from the estate.

The amount of the bond is generally the value of the estate.

The interested parties may consent to waiver of a surety by signing the Waiver of Surety on Estate Administration Bond (form 700-00004), but it is the judge's decision whether the surety will be waived. If it is waived, you may read and sign the Estate Administration Bond (form 700-00020) before witnesses and file the completed form with the court.

As executor or administrator, your duties are to establish the contents of the estate, pay off all valid debts, and distribute the rest of the estate to the beneficiaries after the issuance of a court decree. You may not distribute any assets to any beneficiary without approval of the court.

You must file an inventory with the court within 30 days of your appointment. Until the estate is closed, you must file reports with the court annually to help the court monitor the estate.

See the Probating a Vermont Estate Booklet for more information.

The process can be complicated. Consider talking to an attorney. The Finding Legal Help web page has information about ways to get the help of an attorney. 

Refusing Appointment

The court will not force you to be executor if you don't want to be one. If you are unsure of your ability to handle the duties or lack the time needed, it may be best for you to refuse the appointment. Executors who cannot give an adequate amount of time and effort to the task may damage the estate and open themselves up for liability. If you don't want to be appointed executor of the estate, file an Executor's Refusal of Appointment (form PE 25). You will find the form in the Forms section at the bottom of this web page. Once you have refused, the court will either recognize another person named in the will as executor or appoint an administrator.

Within 30 days after your appointment as the Fiduciary, you must file with the Court a list of all of the decedent’s assets. This list is called the Inventory. You can find the Inventory Schedule (form 700-00030) in the Forms section at the bottom of this web page.

Describe each asset as accurately as you can and record the fair market value as of the date of the decedent’s death.

• Each titled asset (such as real estate, motor vehicles, bank accounts, investment accounts, etc.) must be itemized separately.
• Untitled assets (such as household furniture and furnishings and personal effects) may be aggregated and listed in a group if doing so results in a fair representation, unless specific items are given to specific people in the Will. It is not necessary to list every piece of furniture and personal item separately; list only those of substantial value such as valuable antiques.

Do not list any of the following assets in the Inventory:

• Assets jointly owned with another person (for example, property owned as joint tenants with rights of survivorship). NOTE: this does not include assets which may have been owned as tenants in common. In that case, you should include the decedent's fractional share.
• Insurance policies with a designated beneficiary living at the time of decedent’s death.
• Bank accounts and other assets payable or transferable on death.
• Any other asset which passes directly to another person without probate action, such as Annuities, IRA's, 401(k) Accounts and Retirement Accounts in which a beneficiary is named.

If an Annuity, IRA or Retirement Account does not have a named beneficiary, or if the named beneficiaries die before the decedent, the Account should be included in the Inventory.

If you are unsure as to whether an asset should be included, include it, or contact an attorney. The Finding Legal Help web page has information about ways to get the help of an attorney. 

How you determine date-of-death fair-market-values of the decedent’s assets is within your discretion and judgment; however, the values you determine may have significant tax implications for the estate or the person who receives the asset.

If you are unable to estimate values with confidence or determine values from independent reliable sources, you may decide to hire one or more appraisers. Situations in which professional appraisals may be appropriate include real estate, specific items given to specific persons, items of perceived significant value, items which must be divided among persons, and items the value of which is or may become disputed. If you later find that you have omitted or incorrectly valued an asset, you may file an amended Inventory or make an appropriate entry on your next account.

You must mail copies of the completed Inventory to all parties. You must file a Certificate of Service (form 600-00264) with the Court listing the names and addresses of the persons to whom you sent the Inventory.

Vermont law outlines the order in which expenses and debts are paid (14 V.S.A. § 1205). The estate must pay the expenses of administration and any debts of the deceased. These expenses and debts must be satisfied before the remainder of the estate can be distributed to heirs. If the estate is not large enough to pay all the expenses and debts (making it an insolvent estate), those with highest priority are paid first. Cash assets are used to pay expenses and debts within the estate first. If there is not enough cash to cover all expenses and debts, then personal property or real property may have to be sold. You can use the Motion for Order of Dividend (form 700-00304) to ask the court how the remaining funds should be distributed. You can find the form at the bottom of this web age. 

The court then approves finalization of the estate and orders distribution of the rest of the estate to the beneficiaries.

Notice to Creditors

Part of your duties as a fiduciary is to make sure that the decedent’s debts are paid. The purpose of the Notice to Creditors (form PE 32) is to alert creditors that they must file claims with the Court and with you within 4 months of the date of publication if they wish to be paid. If a creditor fails to do this, the creditor’s claim may be barred.

Notices to creditors are handled in one of two ways:

1. If you are certain that you know of all the decedent’s debts (including Medicaid reimbursement claims) or that the decedent had no debts, you may file a Motion to Waive the Notice to Creditors (form 700-00033) asking the court to waive the requirement to publish the Notice to Creditors. Being allowed not to publish the Notice to Creditors may save some money and enable you to close the estate sooner; however, carefully consider the advantages and disadvantages. If the decedent had creditors you do not know about, failing to publish the Notice extends the time within which creditors may file a claim to 3 years after the date of decedent’s death. If a claim is made after the estate is closed, the creditor can pursue individuals who received distributions from the estate up to the amount of the distribution.
2. The alternative is to publish a Notice to Creditors in the local newspaper. Within thirty (30) days of your appointment as fiduciary, you must publish a Notice to Creditors once in a newspaper generally circulating in the community in which the decedent was a resident. You should ask the Court clerk which newspaper or newspapers can be used. You must provide the Court with satisfactory proof of publication by filing a copy of the Notice published in the Newspaper.

In addition, you should send a copy of the Notice to Creditors to all known creditors and to creditors reasonably ascertainable by you.

If you published the Notice to Creditors, you should not pay any claims until the 4-month period for filing claims has expired. You will then know if there are sufficient assets in the estate to pay all valid claims. If there is not enough money to pay all valid claims, the law sets a priority of which claims must be paid, in what amounts, and in what order. The list of priorities can be found in 14 VSA § 1205.

If there is not enough money to pay all the debts in full, you may file a Motion for Order of Dividend (form 700-00304) asking the court to determine the priority in which the claims should be paid. The judge will decide the priority of claims and the amounts to be paid.  

If you make a mistake and pay a claim not entitled to be paid, you, personally, may have to repay the estate for the amount improperly paid.

Claims of Creditors

If a creditor files a claim against the Estate, you must decide how to respond. To contest or deny a claim, you must send a Notice of Disallowance (form 700-00003) to the creditor within 60 days after receiving the claim. You should also file a copy of the disallowance with the Court.

The Notice you send MUST include the following statement of warning to the creditor:

Unless you file a petition with the Probate Division asking the court to allow your claim, or unless you file a proceeding against the personal representative of the Estate in the Civil Division, within 60 days after this Notice is disallowed, your claim will be barred forever.

You can find the Notice of Disallowance (form 700-00003) in the Forms section at the bottom of this web page.

If you contest or deny the claim within the proper time, the creditor must file a petition with the Court, or file a lawsuit in the Civil Division, within 60 days after the mailing of the notice. Failure to do so will result in the claim being denied.

If the creditor files a petition, the court will hold a hearing on the petition and determine whether or not the claim should be allowed.

When claims are paid, you must file with the court the creditor’s release of the claim signed by the creditor, or other evidence of payment of the claim satisfactory to the court.

See the Federal Trade Commission's Debts and Deceased Relatives web page for general information about debt collection after someone has died.

If you have a claim against an estate, you must send it to the executor or administrator and file a copy with the court. There may be a time limitation, so it is important to file your claim as soon as possible. You can use the Written Statement of Claim (form 700-00034PE), which can be found in the Forms section at the bottom of this web page. 

Executors or administrators have authority to allow or disallow claims. If they choose to disallow a claim, they can use the Notice of Disallowance (form 700-00003), which can be found in the Forms section at the bottom of this web page, to notify the the claimant.

You may seek a written negotiated settlement of the claim with the executor or administrator. There are special rules concerning evidence of such claims, so you should prepare documentation of the claim. The process can be complicated. Consider talking to an attorney. The Finding Legal Help web page has information about ways to get the help of an attorney. 

The length of probate depends upon the complexity of the case. It could take anywhere from several months to several years. The process could take longer if there is litigation about the estate, if there are creditors involved, or if there is real estate to be sold.

For more on the cost of probating an estate, please see the listing of court fees. The court is not in a position to estimate the amount of other fees you might incur. If you are seeking specific information about the entire cost, please consult a lawyer.

If you disagree with the validity of a will, you should seek legal advice. The process can be very complicated. The Finding Legal Help web page has information about ways to get the help of an attorney. 

If you are in possession of a more recent will, you should present it to the probate division.

A will allows you to determine where your assets go after your death.

If you do not have a will, your property will be distributed according to state law. Generally speaking, if you die without a will your estate passes to your closest biological relatives and does not take into account your relationship with them or their circumstances. See the What if there is no will? section of the "Going Through Probate" After Someone Died web page on the vtlawhelp website for more information.

If you want to leave property to a friend, someone who is not a close relative, or a charity, you must have a will to ensure they receive a part of your estate. You can also use a will to nominate guardians for your minor children and to name the person who will settle your estate. 

The Wills page on the vtlawhelp website provides basic information about wills. Title 14, §§ 1-11 of the Vermont Statutes Annotated specify how wills may be made and revoked in Vermont. 

Drafting a will can be complicated. Consider talking to an attorney for help. The Finding Legal Help web page has information about ways to get the help of an attorney.

A person may file their will for safekeeping with the Probate Division of the Superior Court in the county in which they reside. They may also file any amendments to the original will, also called codicils. 

There is a fee to file a will with the court. See the Probate section of the Fees web page for the amount. There is no additional fee to file codicils. If a person files a new will to replace an already-filed will, there is a filing fee.

Access limited during a person’s lifetime

A will filed for safekeeping is kept confidential during the person's lifetime. Even the fact of its existence is not public information. The only people who may access the will during the person’s lifetime are:

• The person who made the will, also called the testator.
• The testator's legal guardian or attorney-in-fact. They may look at and make copies of the will during the testator's lifetime.

After a person dies

The court can reveal the existence of the will after someone has died to anyone who provides a certified copy of their death certificate. The court will check its records and let the requestor know if a will is on file with the court.

If the requestor is not a person named as executor in the will, they may not be able to have access to it. They can only receive confirmation that a will is or is not on file.

If the requestor is a person named as executor in the will, they may retrieve the will from the court.

• In person. The person named as executor can go to the courthouse where the will was filed and present their valid photo ID and a certified copy of the death certificate.
• By mail. If person named as executor is not able to come to the courthouse in person, they must send the following documents to the court:
  • A witnessed and notarized letter addressed to the court asking to have the will and any codicils on file mailed to them because they can’t come to the courthouse in person.
  • A certified copy of the death certificate.

If the person died in Vermont, their death certificate can be requested from the Vermont Department of Health and from most Town or City Clerk's Offices by application.

Citations

14 V.S.A. § 2, Deposit of will for safekeeping; delivery; final disposition

V.R.P.P. Rule 80.4, Delivery of Will by Custodian; Copy of Will Filed for Safekeeping

Parties with elevated access can use the Public Portal to access information about their case online.

Parties must register for an account and then request elevated access. Once approved, they can see the case summary, scheduled hearings, and the documents filed in their case.

Requesting elevated access
Only parties in a case may request elevated access.

Step 1: Register for a Public Portal account.

Step 2: Complete and submit the E-Services Request for Case Party form. If you do not know your case number, contact the Information Center: 802-652-1900.

Step 3: Request "Elevated Access" in your case:

• Log in to the Public Portal
• Click the down arrow beside the person icon in the top right corner
• Select 'Request Access'
• Choose your role
• Complete the form and submit 

You will receive an email when your request for elevated access is approved. This could take several days. 

See the Public Portal User Guide for more information. Contact the Judiciary’s IT help desk for Public Portal technical support: itsupport@vtcourts.gov.

Administrator - A person appointed by the court to settle the estate of someone who died without a valid will.

Beneficiary - A person who will receive assets from an estate or a trust.

Codicil - A document that modifies some terms of a will without revoking the remaining terms.

Creditor - A person or entity to whom money is owed. In the context of probate proceedings, a person or entity filing a claim against an estate.

Decedent - A person who has died.

Decree of distribution - A court order setting forth how assets are to be distributed.

Devisee - A person who receives a gift of real property by a will.

Estate - The sum of a person's assets less all liabilities.

Executor - A person appointed by the court to settle the estate of someone who died with a will.

Fiduciary - A person appointed by the court to be either the executor or administrator of an estate.

Heir - A person who by law is eligible to receive property owned by someone who died without a will.

Interested persons - People who must receive notice of various matters during the administration of an estate. See 14 V.S.A. § 204.

Intestate - The status of the estate of someone who died without a valid will.

Inventory - An accounting of all assets in an estate.

Personal property - All property other than real property or real estate. Examples include vehicles, bank accounts, household items, and jewelry.

Real property or real estate - Land and things attached to it, such as buildings.

Revocation - An annulment, cancellation, or reversal. An invalidation of a will.

Surety - One who guarantees that someone else will perform a duty. In the context of probate proceedings, a person or corporation that guarantees that a fiduciary will administer an estate properly.

Testate - The status of the estate of someone who died with a valid will.