Understanding Vermont's Probate Process
August 26, 2024

The probate process can seem overwhelming, especially during times of grief. In Vermont, probate is a legal procedure that ensures a deceased person's estate is administered, debts are settled, and assets are distributed according to the will or, if there is no will, according to Vermont law. Whether you are creating an estate plan or serving as the executor of a loved one’s estate, understanding the probate process is essential.


What is Probate?


Probate is a court-supervised process for administering the estate of a deceased person. During probate, the court ensures the following:

  1. Validation of the Will — If the decedent left a will, it is presented to the probate court to confirm its validity.
  2. Appointment of an Executor or Administrator — If a will exists, the court will confirm the executor named in the will. If there is no will, the court will appoint an administrator to handle the estate.
  3. Identification and Valuation of Assets — The estate’s assets are identified, inventoried, and valued to establish their worth.
  4. Payment of Debts and Taxes — Before any assets are distributed to beneficiaries, all outstanding debts, taxes, and probate-related expenses must be paid.
  5. Distribution of Assets — Once debts and expenses are settled, the remaining assets are distributed to the beneficiaries according to the will or state law.


Steps in Vermont's Probate Process


The probate process in Vermont typically follows these steps:

  • Filing the Will with the Probate Court
  • After a person passes away, the will (if one exists) must be filed with the probate court in the district where the decedent lived. If no will exists, a petition must be filed to open the estate and appoint an administrator.
  • Appointing an Executor or Administrator
  • If the will designates an executor, the court will officially appoint that person to manage the estate. If there is no will, the court will appoint an administrator. The executor or administrator is responsible for handling all probate tasks, including paying debts and distributing assets.
  • Inventorying the Estate
  • The executor or administrator must compile a list of all the decedent's assets, including real estate, bank accounts, investments, personal belongings, and any other property. This inventory is then submitted to the court for review.
  • Notifying Creditors and Settling Debts
  • The executor must notify any known creditors of the estate and allow them time to submit claims. Vermont law requires creditors to file their claims within a specific period, typically four months from the date of notification. Any outstanding debts, including medical bills, credit card balances, and taxes, must be paid before assets are distributed to beneficiaries.
  • Paying Estate Taxes (If Applicable)
  • Vermont does not have an inheritance tax, but the estate may still be subject to the state’s estate tax if the estate's value exceeds $5 million. Additionally, federal estate taxes may apply if the estate's value exceeds the federal exemption limit.
  • Distribution of Assets
  • After debts, taxes, and other obligations are settled, the remaining assets are distributed to the beneficiaries according to the will or Vermont’s intestacy laws if no will exists. This step marks the conclusion of the probate process.


Avoiding Probate


While probate is often necessary, there are several estate planning strategies that can help minimize or even avoid the probate process in Vermont. These include:

  • Living Trusts — Establishing a revocable living trust allows your assets to bypass probate and go directly to your named beneficiaries.
  • Joint Ownership with Right of Survivorship — Assets owned jointly with another person automatically pass to the surviving owner upon death, without going through probate.
  • Transfer-on-Death (TOD) and Payable-on-Death (POD) Accounts — Designating beneficiaries for bank and investment accounts allows those assets to transfer directly to them upon your death.


By taking these proactive steps, you can help ensure that your estate avoids unnecessary delays and expenses associated with probate.


How Long Does Probate Take in Vermont?


The length of the probate process in Vermont can vary depending on the complexity of the estate and whether disputes arise among heirs or creditors. For a simple estate, probate can take as little as six months. However, more complicated estates or contested wills can prolong the process, sometimes lasting over a year.

The probate process can be expedited by proper planning, including having a valid will in place, minimizing probate assets, and appointing a knowledgeable executor.


How Deppman Law, PLC Can Help


Probate can be an intricate legal process, but you don’t have to handle it alone. At Deppman Law, PLC, our experienced estate planning attorneys are here to guide you every step of the way. Whether you need assistance in planning your estate to avoid probate or managing an estate as an executor, our legal team will ensure that you understand the process and your rights. Contact us today for a consultation and to learn more.

The 5 Essential Estate Planning Documents Every Vermonter Should Have

June 20, 2025
Estate planning may sound like something only the wealthy or elderly need to worry about, but in truth, it’s an essential part of life planning for every adult—regardless of age, wealth, or family structure. Whether you're a small business owner in Montpelier, a retiree in Middlebury, or a young parent in Burlington, having a clear and legally sound estate plan can protect your loved ones, preserve your assets, and provide peace of mind. In Vermont, as in most states, there are five core documents that form the foundation of a comprehensive estate plan. Each plays a specific role in ensuring your wishes are respected and your affairs are handled according to your preferences—both during your lifetime and after your death. Here’s a closer look at the five essential estate planning documents every Vermonter should have: 1. Last Will and Testament A will is the cornerstone of any estate plan. It outlines how you want your assets to be distributed after your death and names an executor to manage your estate. If you have minor children, your will is also the document where you nominate a guardian for them. Without a will, your estate will be distributed according to Vermont’s intestacy laws—which may not reflect your wishes. This process can be time-consuming, emotionally draining for your family, and lead to unintended outcomes. Even if your estate is modest, a will ensures clarity and can help your loved ones avoid unnecessary legal complications during an already difficult time. 2. Durable Power of Attorney A durable power of attorney (POA) allows you to name someone to handle your financial and legal affairs if you become incapacitated. This could include paying your bills, managing investments, filing taxes, or making other important decisions on your behalf. In Vermont, a POA remains in effect even if you become mentally or physically unable to manage your own affairs—hence the term durable. Without a POA, your loved ones may have to go through a costly and time-consuming court process to gain the authority to act on your behalf. Choosing a trusted agent now can spare your family considerable stress later. 3. Advance Directive for Health Care Also known as a health care proxy or medical power of attorney, an advance directive allows you to appoint someone to make medical decisions for you if you are unable to do so yourself. This includes decisions about life-sustaining treatments, organ donation, and end-of-life care. Vermont has a specific form for advance directives, and completing one ensures your health care wishes are known and legally binding. Without this document, important medical decisions may fall to someone who doesn’t know your preferences—or disagreements among family members could create unnecessary tension. 4. HIPAA Authorization The Health Insurance Portability and Accountability Act (HIPAA) protects the privacy of your medical records, but it can also make it difficult for loved ones to access information in an emergency. A HIPAA authorization allows you to name individuals who can access your medical records and communicate with your doctors. This is especially important if you have multiple family members who may need to coordinate your care or advocate on your behalf. Without this document, your loved ones may be left in the dark at a time when fast, informed decisions are critical. 5. Revocable Living Trust (Optional, But Strongly Recommended) While not every Vermonter needs a revocable living trust, it can be a powerful tool—especially if you own real estate, have a blended family, or want to avoid probate. A revocable living trust allows you to transfer ownership of your assets into a trust during your lifetime, with instructions for how they should be managed and distributed. You retain control of the assets while you're alive, and after your death, they can be distributed without going through the Vermont probate process. A trust also provides greater privacy, flexibility, and control, and can be particularly helpful for managing out-of-state property or planning for incapacity. Take Control of Your Legacy Estate planning isn’t just about preparing for the unexpected—it’s about making intentional decisions that protect your family, safeguard your assets, and reflect your values. At Deppman Law PLC, we help individuals and families throughout Vermont create customized estate plans that meet their specific needs—no matter how simple or complex. Whether you’re starting from scratch or need to update existing documents, we’re here to guide you through every step with care and clarity. Contact Benj or Lesley today to schedule a consultation and begin building your estate plan with confidence.

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