How Probate Works in Vermont

Does Vermont require probate?

Not always. Estates with personal property under $45,000 can use a small estate affidavit to transfer assets without full probate. For larger estates, Vermont requires probate through the Probate Court.

Vermont has not adopted the Uniform Probate Code, but the process is generally straightforward for uncontested estates thanks to the state's dedicated Probate Court system.

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What court handles probate in Vermont?

Probate in Vermont is handled by the Probate Court in the probate district where the deceased person lived. Vermont has 14 probate districts, one for each county, with dedicated Probate Judges who specialize in estate matters.

The Probate Court handles wills, estates, trusts, guardianships, and name changes. Each court has a staff of clerks who can provide forms and procedural guidance.

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Small estate threshold

Estates where the deceased's personal property is valued at $45,000 or less (excluding real estate, except qualified timeshares) can use a small estate affidavit (Vermont Statutes Title 14, § 1902).

Requirements:

• The total value of personal property (excluding real estate, except timeshares) does not exceed $45,000.
• The affidavit must be filed with the Probate Court.
• The person filing the affidavit is entitled to the property under the will or intestate law.

The affidavit can then be presented to banks, financial institutions, and other holders of the deceased's property. Real estate (other than qualified timeshares) cannot be transferred by affidavit.

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Simplified probate options

Vermont does not use the Uniform Probate Code, but the process for uncontested estates is relatively straightforward:

Standard administration. The court appoints an executor (if there is a will) or administrator (if there is no will). The appointed person files an inventory, pays debts, and distributes assets. Vermont requires a bond unless the will waives it.

Reduced supervision. The court may grant reduced supervision for smaller, uncontested estates, allowing the executor to act with less frequent reporting requirements.

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What if there is no will?

When someone dies without a will in Vermont, the estate follows the state's intestate succession laws (Vermont Statutes Title 14, § 551 et seq.).

If the deceased was married:

• Spouse, no children. The surviving spouse inherits the entire estate.
• Spouse and children (all are the surviving spouse's children). The surviving spouse inherits the entire estate.
• Spouse and children from a prior relationship. The surviving spouse receives one-half of the estate. The children share the other half equally.

If the deceased was not married:

• Children. The children inherit equally.
• Parents (no children). The parents inherit everything.
• Siblings (no children or parents). The siblings inherit equally.

For a broader overview, see our guide on handling an estate without a will.

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What makes Vermont different?

Dedicated Probate Courts

Vermont has dedicated Probate Courts with elected judges in each county. These courts focus exclusively on probate, trust, and guardianship matters, which generally means smoother and more consistent processing than in states where probate competes with other case types.

Elective share

A surviving spouse in Vermont can elect to take a one-third share of the estate, regardless of what the will provides. This prevents a surviving spouse from being entirely disinherited. The election must be filed with the Probate Court within a specified time after the will is admitted.

Timeshare exception

Vermont's small estate affidavit has an unusual provision: qualified timeshares are treated like personal property and can be included in the affidavit process, even though they are technically real estate interests. Most states exclude all real estate from the small estate affidavit.

Estate tax

Vermont is one of the few states with its own estate tax, separate from the federal estate tax. Vermont estates exceeding $5 million are subject to the state estate tax, with rates from 16% on amounts over the threshold. This is significantly lower than the federal exemption but still affects some families.

For a general overview of the probate process, see our guide on how probate works. You can track your progress through the estate settlement process with our interactive checklist.

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