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:
- Validation of the Will — If the decedent left a will, it is presented to the probate court to confirm its validity.
- 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.
- Identification and Valuation of Assets — The estate’s assets are identified, inventoried, and valued to establish their worth.
- Payment of Debts and Taxes — Before any assets are distributed to beneficiaries, all outstanding debts, taxes, and probate-related expenses must be paid.
- 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.
For many couples, the family home is more than just their biggest financial asset—it’s also where memories were made, children were raised, and routines were built. So when a marriage ends, one of the most emotionally and financially significant questions becomes: What happens to the house? In Vermont, there’s no one-size-fits-all answer. The outcome depends on a range of factors, including how the property was acquired, whose name is on the deed, and what’s considered “equitable” under state law. Vermont Is an Equitable Distribution State Unlike community property states, where marital assets are divided 50/50, Vermont follows equitable distribution rules. That means the court aims for a division of property that is fair, but not necessarily equal. When it comes to the house, the court will look at the full picture to determine who should receive it—or whether it should be sold. Is the Home Marital Property? The first step in deciding what happens to the house is to determine whether it’s considered marital property or separate property. Marital property generally includes any property acquired by either spouse during the marriage, regardless of whose name is on the deed. Separate property is usually property owned by one spouse before the marriage, inherited individually, or received as a gift—though even separate property can become marital under certain conditions. For example, if one spouse bought the home before the marriage but both spouses contributed to the mortgage or improvements, the house (or at least part of its value) may be treated as marital property. What Factors Does the Court Consider? When deciding what to do with the house, Vermont courts look at a number of factors to determine what’s fair. These include: The length of the marriage Each spouse’s contributions (financial and non-financial) The needs of any children Each spouse’s earning potential and financial circumstances Whether one spouse wants to keep the home and can afford to do so Whether one spouse has primary custody of the children and would benefit from staying in the home Common Outcomes for the House in Divorce Depending on the circumstances, there are several ways the home can be handled: 1. One Spouse Buys Out the Other If one spouse wants to keep the home, they may buy out the other spouse’s share. This typically involves refinancing the mortgage in their own name and paying the other spouse their portion of the home’s equity. 2. The Home Is Sold and the Proceeds Are Split This is often the simplest option, particularly if neither spouse can afford to keep the house on their own or if neither wants it. The couple sells the house and divides the equity according to the divorce agreement or court order. 3. One Spouse Stays Temporarily In some cases, especially where children are involved, one spouse may stay in the home for a set period of time (e.g., until the youngest child turns 18), after which the home is sold and the proceeds divided. 4. Both Spouses Continue to Co-Own Rare, but possible—especially if the real estate market is poor or the home has sentimental value. This requires careful planning, clear agreements about expenses and responsibilities, and an exit plan. Don’t Forget the Tax and Mortgage Implications Whatever the outcome, it’s important to consider: Mortgage liability— If both spouses are on the mortgage, both are responsible—even if one moves out. Capital gains taxes— Selling a home may trigger taxes on the profit, though married couples can often exclude up to $500,000 in gains if certain conditions are met. Refinancing challenges— The spouse keeping the home must qualify on their own for refinancing. These financial and tax issues are why it’s important to work with both a divorce attorney and a financial advisor during this process. Need Help Managing Property Division? Contact Deppman Law PLC Dividing property—especially the family home—can be one of the most difficult aspects of divorce. At Deppman Law PLC , we’re here to help you understand your rights, evaluate your options, and reach a fair and sustainable resolution. Contact us today for a confidential consultation about your case.
In Vermont, tenants enjoy strong legal protections, and landlords must follow specific procedures when seeking to remove a tenant from a rental property. One of the most important requirements is having “just cause” for the eviction—especially when dealing with month-to-month or subsidized tenancies. At Deppman Law PLC , we regularly advise both landlords and tenants on their rights and responsibilities under Vermont’s landlord-tenant laws. Today, we’ll walk through what “just cause” means, what qualifies, and how the rules apply depending on the type of tenancy. What Does “Just Cause” Mean? “Just cause” means that a landlord must have a legally valid reason to evict a tenant. In many Vermont municipalities—including Burlington and other communities with local rental ordinances—just cause eviction laws are in place to prevent landlords from evicting tenants arbitrarily or without reason. Even where no local ordinance exists, state law still provides baseline protections. For subsidized housing (such as Section 8 or other public housing programs), federal and state rules require landlords to have just cause before terminating a lease—even at the end of the lease term. Common “Just Cause” Grounds for Eviction in Vermont While the specific language of just cause ordinances can vary slightly from one locality to another, the following are widely recognized as legal grounds for eviction in Vermont: 1. Nonpayment of Rent This is one of the most common reasons for eviction. If a tenant fails to pay rent on time, a landlord may serve a notice to pay or quit. If payment isn’t made, the landlord can file for eviction—but only after giving proper notice, typically 14 days under Vermont law. 2. Violation of Lease Terms If a tenant breaches a condition of the lease—such as subletting without permission, having unauthorized pets, or damaging the property—the landlord may pursue eviction. However, landlords must give the tenant written notice of the violation and may be required to give them time to correct the issue. 3. Illegal Activity Engaging in illegal activity on the premises, such as drug use or distribution, may be grounds for immediate eviction. The landlord must still provide appropriate notice and evidence of the conduct in court. 4. Material Health and Safety Violations If the tenant is creating conditions that endanger health or safety—for example, hoarding, failing to dispose of garbage, or disabling smoke detectors—these actions may support a just cause eviction. 5. Owner Move-In or Substantial Renovation Some Vermont cities allow eviction if the landlord or a family member intends to move into the unit or if the property requires major renovations that necessitate vacancy. This must be handled carefully and often requires advance notice (typically 90 days) and documentation. 6. Refusal to Sign a New Lease (If Reasonable) If a tenant refuses to sign a lease renewal with reasonable and legal changes, this may be considered just cause for non-renewal or eviction. What Is Not Just Cause? Landlords cannot evict tenants for discriminatory reasons, retaliate against tenants for asserting their legal rights (like complaining to the health department), or remove tenants without cause if local ordinances require it. For example: A tenant cannot be evicted simply because the landlord wants a different tenant. You cannot evict a tenant for reporting code violations or requesting repairs. You cannot remove a tenant based on race, gender, family status, religion, or other protected categories under state and federal fair housing laws. Just Cause Requirements Vary by Municipality Some Vermont towns and cities—most notably Burlington —have their own “just cause eviction” ordinances that provide additional tenant protections. For example, Burlington’s ordinance passed in 2022 requires landlords to have just cause for any termination of a residential lease, including month-to-month leases. Landlords operating in these municipalities must be careful to comply not only with state law but also with local ordinances, which may require longer notice periods or restrict certain grounds for eviction altogether. The Importance of Proper Procedure Even with just cause, landlords must follow specific legal procedures for eviction. This includes: Serving the correct type of notice (14, 30, or 60 days depending on the cause and lease type) Filing a court complaint if the tenant doesn’t vacate Obtaining a court order for eviction— self-help evictions are illegal in Vermont Failure to follow these steps can delay the process and may expose the landlord to legal liability. Contact Deppman Law PLC Today Whether you're a landlord trying to understand your rights or a tenant facing eviction, Vermont’s landlord-tenant laws can be complex—and the consequences of missteps can be serious. At Deppman Law PLC , we help clients across Vermont resolve rental disputes, comply with local ordinances, and protect their legal interests. Contact us today to schedule a consultation and get experienced guidance tailored to your situation.