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The End of Life Plannerby Valoren

General information · not a substitute for the advice of an attorney.

Free · general informationVermont

Probate in Vermont

What Vermont’s own law and courts say about probate, from how an estate comes before the court to when creditors must claim. Nothing on this page decides whether a particular estate needs probate. That question belongs to the court, or to an attorney in Vermont.

  • Every fact dated, in the official words
  • Each state’s own law

Every quotation checked October 24, 2026

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Every quotation on this page is the official body’s own words, as they stood on the day we read them. The date is beside each one.

What the Probate Division has jurisdiction over

The Probate Division shall have jurisdiction of:

the probate of wills;

the settlement of estates;

Vermont · general information · checked October 24, 2026 · 4 V.S.A. §35

What a will needs to take effect, and which courts can allow it

To be effective, a will must be allowed in the Probate Division of the Superior Court, or by appeal in the Civil Division of the Superior Court or the Supreme Court.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §101

The named executor's duty to petition, and when no petition is needed

A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent’s estate in the Probate Division of the Superior Court where venue lies with reasonable promptness.

A petition to open an estate need not be filed when no assets require probate administration.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §104

Opening an estate: the court’s petition form, where to file it, whether a lawyer is needed, and the inventory

Petition to Open Decedent's Estate (700-00001)

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.

You do not have to have a lawyer to open an estate.

You must file an inventory with the court within 30 days of your appointment.

Vermont · general information · checked October 24, 2026 · Vermont Judiciary, Estates and Wills

When creditors must present claims, with and without a published notice

within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure;

within one year after the decedent’s death if notice to creditors has not been published or otherwise given as provided by the Rules of Probate Procedure.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §1203(a)

Publishing the notice to creditors: how soon after the appointment, and where

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.

Vermont · general information · checked October 24, 2026 · Vermont Judiciary, Estates and Wills

The filing fee to open an estate, by size of estate

Estates of $10,000.00 or less $50.00

Estates of more than $10,000.00 to not more than $50,000.00 $110.00

Estates of more than $50,000.00 to not more than $150,000.00 $265.00

Estates of more than $10,000,000.00 $3,250.00

Vermont · general information · checked October 24, 2026 · 32 V.S.A. §1434(a)

What the person holding the will must do, how soon, and the contempt that can follow a refusal

If a person has the custody of a will, within 30 days after learning of the death of the testator, the custodian shall deliver the will to the Probate Division of the Superior Court where venue lies or to the executor named in the will.

A person who intentionally refuses or fails to deliver a will after being ordered to do so by the court in a proceeding brought for the purpose of compelling delivery may be subject to proceedings for civil contempt under 12 V.S.A. § 122.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §§103, 106

Depositing a will with the Probate Division for safekeeping, and who may have it back during life

A will may be deposited for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on payment to the court of the applicable fee required by 32 V.S.A. § 1434(a)(18).

During the life of the testator, that will shall be delivered only to the testator or in accordance with the testator’s order in writing duly acknowledged or otherwise proved to the satisfaction of the court

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §2

A deposited will after a death: who can learn of it, and who can collect it

The court can reveal the existence of the will after someone has died to anyone who provides a certified copy of their death certificate.

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

Vermont · general information · checked October 24, 2026 · Vermont Judiciary, Estates and Wills

The same page for other states

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FAQ

Common questions

The Probate Division shall have jurisdiction of:

the probate of wills;

the settlement of estates;

Vermont · general information · checked October 24, 2026 · 4 V.S.A. §35

Petition to Open Decedent's Estate (700-00001)

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.

You do not have to have a lawyer to open an estate.

You must file an inventory with the court within 30 days of your appointment.

Vermont · general information · checked October 24, 2026 · Vermont Judiciary, Estates and Wills

A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent’s estate in the Probate Division of the Superior Court where venue lies with reasonable promptness.

A petition to open an estate need not be filed when no assets require probate administration.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §104

Petition to Open Decedent's Estate (700-00001)

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.

You do not have to have a lawyer to open an estate.

You must file an inventory with the court within 30 days of your appointment.

Vermont · general information · checked October 24, 2026 · Vermont Judiciary, Estates and Wills

within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure;

within one year after the decedent’s death if notice to creditors has not been published or otherwise given as provided by the Rules of Probate Procedure.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §1203(a)

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.

Vermont · general information · checked October 24, 2026 · Vermont Judiciary, Estates and Wills

Estates of $10,000.00 or less $50.00

Estates of more than $10,000.00 to not more than $50,000.00 $110.00

Estates of more than $50,000.00 to not more than $150,000.00 $265.00

Estates of more than $10,000,000.00 $3,250.00

Vermont · general information · checked October 24, 2026 · 32 V.S.A. §1434(a)

If a person has the custody of a will, within 30 days after learning of the death of the testator, the custodian shall deliver the will to the Probate Division of the Superior Court where venue lies or to the executor named in the will.

A person who intentionally refuses or fails to deliver a will after being ordered to do so by the court in a proceeding brought for the purpose of compelling delivery may be subject to proceedings for civil contempt under 12 V.S.A. § 122.

A person named executor in a will who has knowledge thereof shall file a death certificate and petition to open the decedent’s estate in the Probate Division of the Superior Court where venue lies with reasonable promptness.

A petition to open an estate need not be filed when no assets require probate administration.

Vermont · general information · checked October 24, 2026 · 14 V.S.A. §104

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