Vermont Petition for Probate

Introduction

Key Things to Know

1. 1

   Filing: a Petition to Open Decedent's Estate, form 700-00001, filed with the Vermont Superior Court, Probate Division, where the decedent lived. One petition asks the court to allow the will, if any, and appoint the executor or administrator, with a list of interested persons on form 700-00002. The court's form controls over any draft.

2. 2

   No one has authority over estate assets until the court appoints a personal representative and letters issue. Being named as executor in a will does not by itself allow anyone to collect assets, pay debts or transfer property. Do not distribute, pay heirs or sell estate property before appointment or before the creditor claims period runs.

3. 3

   A named executor who knows of the will must file the death certificate and petition with reasonable promptness, and this page states no outer deadline, so the Probate Division clerk can advise. Anyone holding a will must deliver it to the Probate Division or the named executor within 30 days after learning of the death (14 V.S.A. 103, 104(a)).

4. 4

   A named executor receives letters if they accept and give any required bond. Without a named executor, or on intestacy, the court looks first to the surviving spouse or next of kin or their nominee, then, if they are unsuitable or do not apply within a reasonable time, principal creditors, then another person the court chooses (14 V.S.A. 902, 903). A nonresident may be appointed only at the court's discretion and must designate a Vermont resident agent for service of process, filed with the court (14 V.S.A. 904). Appointment is not guaranteed.

5. 5

   Notice: the petition and notice go to every interested person, and the Vermont Rules of Probate Procedure set how service is made and when the hearing is held. The Probate Division clerk can explain current requirements. If the surviving spouse and all heirs at law consent, the will may be allowed without a hearing (14 V.S.A. 107(a)). After allowance the court mails notice to each beneficiary within 30 days (14 V.S.A. 111).

6. 6

   Creditors: after appointment the representative gives notice to creditors in compliance with the Vermont Rules of Probate Procedure, which cover publication and mailing to known or reasonably ascertainable creditors. The clerk can confirm current timing. Claims arising before death are barred unless presented within four months after first publication, or within one year after death if notice was not given (14 V.S.A. 1203(a)).

7. 7

   Bond: a bond is required, the court sets the amount, and it must be filed before letters issue (14 V.S.A. 906). Do not assume the will or the heirs' agreement excuses it. Shorter court routes exist: a court-opened small estate, which uses a bond without surety, and waiver of administration, which can waive the bond where the sole beneficiary or heir is also the sole fiduciary and the decedent owned no Vermont real property. A no-assets filing under 14 V.S.A. 104(b) needs no petition.

Vermont Requirements for Petition for Probate

• Petition to Open Decedent's Estate

  Vermont opens an estate with one petition, form 700-00001, asking the court to allow the will, if any, and appoint the executor or administrator (form 700-00001). The court's form controls.

• Probate Division Where Decedent Lived

  The petition is filed with the Vermont Superior Court, Probate Division, where venue lies, and a will must be allowed by the Probate Division, or on appeal, to be effective (14 V.S.A. 101).

• Will Delivery Within 30 Days

  Anyone holding a will must deliver it to the Probate Division or the named executor within 30 days after learning of the death. A named executor files the petition with reasonable promptness (14 V.S.A. 103, 104(a)).

• Priority and Nonresident Agent

  A named executor receives letters if they accept and give any required bond. Otherwise the surviving spouse or next of kin come first. A nonresident needs a Vermont resident agent and may be appointed only at the court's discretion (14 V.S.A. 902-904).

• Petition Contents and Attachments

  The petition names the decedent, petitioner, proposed representative and interested persons, with a certified death certificate, the entry fee, the original will and codicils (or for an ancillary estate an authenticated copy of the will and probate), and form 700-00002 attached (form 700-00001).

• Notice to Interested Persons

  Notice goes to every interested person under the Vermont Rules of Probate Procedure; check current service and hearing rules with the clerk. Consents from the spouse and all heirs may allow the will without hearing (14 V.S.A. 107(a)).

• Creditor Notice After Letters

  The representative gives notice to creditors under the Vermont Rules of Probate Procedure, including mailing to known or reasonably ascertainable creditors. The clerk can confirm current timing.

• Four-Month and One-Year Claims Bars

  Claims arising before death are barred unless presented within four months after first publication of notice, or within one year after death if notice was not given (14 V.S.A. 1203(a)).

• Bond Before Letters Issue

  The court sets the bond amount and may order sureties, and the bond is filed before letters issue. Waiver of administration, available where the sole beneficiary or heir is also the sole fiduciary and the decedent owned no Vermont real property, can waive or discharge it, and a small estate uses a bond without surety (14 V.S.A. 906, 1852, 1901).