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Vermont Probate Guide

County-specific probate filing-office contacts, filing fees, required forms, and step-by-step guidance for families settling an estate in Vermont.

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Types of Probate in Vermont

Vermont probate is heard by the Probate Division of the Superior Court, one district in each of the 14 counties under 4 V.S.A. § 272. Three simplified routes exist and only one of them is chosen by a dollar amount: a small estate under 14 V.S.A. chapter 81 needs a fair market value of not more than $45,000.00 AND an estate made up entirely of personal property, waiver of administration under 14 V.S.A. § 1852 has no dollar test at all but requires a sole beneficiary or sole heir who is also the sole fiduciary and no Vermont real property, and the affidavit procedure at V.R.P.P. Rule 80.3(g) costs a flat $50.00 and states no ceiling of its own. Everything else is full administration. Vermont calls the person in charge the executor or administrator, never the personal representative.

See the full comparison of Vermont probate typesWhich procedures exist, who qualifies, and how the timelines compare.

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Vermont Probate Self-Help and Online Resources

Vermont Estate Law Overview

Vermont Estate Tax Info

Vermont tax information for estates

Yes
State Estate Tax
No
Inheritance Tax
Yes
State Income Tax

Who Inherits Without a Will?

Intestate succession decides who inherits when someone dies without a valid will. In Vermont the rules are in 14 V.S.A. chapter 42, and the Probate Division of the Superior Court for the county decrees the distribution.

Vermont Homestead Protection

Vermont has ONE homestead concept, and it does two jobs. 27 V.S.A. § 101 creates a dollar-capped homestead that is exempt from attachment and execution, and 27 V.S.A. § 105 makes that same capped interest pass to and vest in the surviving spouse at death, free of the decedent's debts. There is no separate Uniform Probate Code homestead ALLOWANCE paid in cash, and Vermont's property-tax programs are a different thing under a different title.

Exempt Property

Vermont does not have the Uniform Probate Code trio of homestead allowance, exempt property and family allowance. It has four narrower things: the capped homestead that vests in the surviving spouse at death under 27 V.S.A. § 105, the household furnishings a surviving spouse may take on motion under 14 V.S.A. § 312, the automatic transfer of certain vehicles and recreational vehicles to a surviving spouse, and discretionary support allowances during administration under §§ 316-318. There is no dollar-valued exempt-property allowance at all.

Vermont Probate Questions

How much does probate cost in Vermont?
Vermont probate filing fees vary by county and type of administration. Typical costs include the court filing fee plus certified copy fees, publication notice fees where notice is required, and potential bond premiums. Use our free Vermont fee calculator for county-specific estimates.
How long does probate take in Vermont?
Vermont probate timelines vary by route. Full administration usually runs 12 to 24 months, with the inventory due 60 days after appointment and the first account within one year of letters. A small estate under 14 V.S.A. chapter 81 usually closes in 6 to 12 months, and its letters run for one year unless the court extends them. A granted waiver of administration under 14 V.S.A. § 1852 usually closes in 4 to 12 months because it removes the inventory, the bond and the accounting. The affidavit procedure at V.R.P.P. Rule 80.3(g) can finish in 1 to 4 months where it fits. The clock that sets the floor is the creditor window: a claim that arose before the death is barred unless presented within four months after the date of FIRST PUBLICATION of notice to creditors, and the one-year figure in 14 V.S.A. § 1203(a)(2) applies only where notice was never given.
Do I need an attorney for probate in Vermont?
Vermont requires no attorney for any probate route. A small estate, a waiver of administration, the Rule 80.3(g) affidavit procedure and full administration can all be filed by the executor or administrator without counsel, and the Judiciary runs a statewide Access and Resource Center plus an Information Center for people filing on their own. Counsel is commonly retained where the estate must sell real property on a license to sell, where a will is contested, where the estate is insolvent under 14 V.S.A. § 1205, or where a Vermont estate tax return is due under 32 V.S.A. § 7442a. Attorney fees charged to the estate are an administration expense the Probate Division allows or disallows, so they are reviewable rather than fixed by statute.
Are these Vermont probate resources county-specific?
No. This map shows state-level source links from Settled data. Use it with the Vermont county page and the county office handling the estate before filing.
Which Vermont source should I use first?
Start with the official court, form, or agency source for the task, then confirm local requirements with the county filing office, clerk, register, or office that accepts the filing.
Does the Vermont Probate Resource Map replace attorney review?
No. The map is source navigation. It helps families find current public sources, but it does not decide eligibility, prepare filings, or replace advice from counsel.