Probate in Vermont

Overview

Vermont does not follow the Uniform Probate Code, though its probate laws are UPC-influenced. Probate matters are handled by the Probate Division of the Superior Court, with 18 probate districts across the state. Vermont offers a simplified small estate proceeding for estates consisting entirely of personal property valued at $45,000 or less, though this still requires a court filing — Vermont does not have a standalone small estate affidavit that bypasses court entirely. Vermont has a state estate tax for estates exceeding $5 million.

Key Facts

• Governing Law: Vermont Statutes Title 14 (Decedents' Estates and Fiduciary Relations)
• Court: Probate Division of Superior Court
• Small Estate Threshold: $45,000
• Typical Timeline: 6 to 12 months for standard estates; complex estates may take 1–2 years
• Follows UPC: No

What Makes Vermont Unique

• Small Estate Proceeding — Estates consisting entirely of personal property valued at $45,000 or less may use a simplified court proceeding under 14 V.S.A. § 1901. This is not an affidavit that bypasses court, but a streamlined procedure with reduced requirements. Interested parties have 14 days to object after receiving notice.
• Waiver of Administration — Under 14 V.S.A. § 1852, when the sole heir is also the sole executor or administrator and the decedent owned no Vermont real estate, the court may waive formal administration entirely, regardless of estate value.
• State Estate Tax — Vermont imposes a state estate tax on estates exceeding $5 million, with rates ranging from 16% on amounts over the threshold. This is in addition to any applicable federal estate tax.
• 18 Probate Districts — Vermont's probate system is organized into 18 districts, each with an elected probate judge. This localized system provides accessible courts across the state's rural landscape.
• Timeshare Exception — Vermont's small estate proceeding uniquely permits timeshare interests as an exception to the general rule that estates with real estate cannot use simplified procedures.

Probate Process Steps

1. File petition for probate with the Probate Division of Superior Court in the district where the decedent resided
2. Court admits will (if any) and appoints executor or administrator
3. Notify interested parties and known creditors
4. Publish notice to creditors in a newspaper of general circulation
5. Inventory and appraise all estate assets
6. Allow creditor claims period (4 months from first publication of notice)
7. Pay valid debts, taxes, and expenses in statutory order
8. File accounting with the probate court
9. Petition for final distribution
10. Distribute assets according to will or intestacy law

Costs & Fees

Fee Structure: Vermont does not have a statutory fee schedule for attorneys or personal representatives. Fees are based on reasonable compensation. Filing fees range from $50 to $110 depending on estate value.

Typical Attorney Fees: Hourly rates typically $200–$350/hour; flat fees of $2,000–$5,000 for simple estates

Non-Lawyer Fees: $200 – $1,500 including court filing fees ($50–$110), publication costs ($100–$300), certified copies, and appraisal fees

Vermont's filing fees are relatively modest. The state estate tax (estates over $5 million) can add significant costs for larger estates. Bond premiums, if required, are an additional expense.

Frequently Asked Questions