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Commonly Asked Questions about Vermont Last Will and Testament

One is by placing all of your assets into a living trust during your lifetime. Since these assets would then be owned by the trust (although totally within your control due to the ability to revoke the trust), they would not be part of your probate estate. PROBATE | Mysite - Vermont Estate Planning vermontestateplan.com probate vermontestateplan.com probate
Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a will in writing. (Amended 2017, No. 195 (Adj. Sess.), 1.)
Formal Probate If the person who died owned real estate or if the estate is worth more than $45,000.
Vermont Inheritance Law and Spouses If you die intestate in Vermont, which is not a community property state, your spouse will inherit everything if you have no children, or if your only descendants are with your spouse. Descendants include children, grandchildren, and great-grandchildren.
Fill out a Petition to Open Decedents Estate that you can file with the probate court. This is the form you need to start the probate process after someone has died. The decedent is the person who died. You can find more information about the probate process on our website or on the Vermont Judiciary website.
Assets That Avoid Probate Lifetime gifts. Trust assets. Jointly held property with rights of survivorship. POD and TOD accounts. Proceeds of life insurance. Retirement accounts.
In your will, you can name the person you want to be in charge of following your wishes. This person is called your executor. After your death, your will must go through the Probate Division of Superior Court before any distributions can be made.
Living trusts In Vermont, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on.