Vermont Probate Estate

Whoever has custody of a Vermont Last Will, must deliver the original to either the probate court or to the executor named in the Will within 30 days of becoming aware of the testator’s death (§103). The custodian will be penalized $10 a month for failing to deliver the Will on time (§105).

The Vermont statute requires the executor to file a petition within the following time frame:

  • If the executor knows they are nominated as such prior to the testator’s death, then within 30 days of becoming aware of the death;
  • If the executor finds out after the testator’s death, then within thirty days of discovering being named as executor (§104).

A penalty of $10 per month is payable by the executor if he/she fails to file the petition for probate within the required time (§105).

If a Vermont Will is not contested, only one witness is required to appear to verify that it was signed properly. No witness is required to testify if the spouse, all heirs at law and all next of kin consent to the Will in writing.

Vermont does not have an inheritance tax. However, if the deceased estate is required to file a Federal Estate Tax Return, then you are required to file a Vermont Estate Tax Return (Form E-1) with the Department of Taxes. The probate court will require a tax clearance from the Department before closing the estate.

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