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Commonly Asked Questions about Vermont Last Will and Testament Forms

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.
Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a will in writing.
You should always use a pre-approved court form if one is available rather than attempting to make up your own form. If the Decedent (the person who died) did not own any real estate other than a timeshare and the estate is worth less than $45,000.00, you can use the Small Estate procedure to probate the Estate.
A person may file their will for safekeeping with the probate court in the county in which they reside. They may also file any amendments to the original will (codicils). There is a fee to file a will with the court. See the Probate section of the Fees web page for the amount.
Can you download a will form? Net Lawman provides last Will and testament templates that you can download and edit on your computer. If you would like peace of mind that your wishes will be carried out, we can review your edited document.
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.
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.
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.