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.
When you think about estate planning, you may picture your home, retirement savings, or possessions you hope to leave to family members. But much of everyday life now exists online. Important financial records may arrive only by email, while decades of family photographs may be stored in a cloud account. Without planning, the people handling your affairs may struggle to locate those records or obtain the authority needed to manage them. Addressing digital assets can help make your estate plan more complete. Start With an Inventory Digital assets can include electronic files and online accounts with financial or sentimental value. Your inventory might identify email accounts, cloud storage, social media profiles, cryptocurrency holdings, and websites or domain names you own. Also identify financial institutions you access online. Although the money in a bank account is distinct from the online account used to manage it, knowing where that account exists can be essential. For a small business owner, the inventory should also address business systems and records. Consider what someone would need to keep operations running if you became unavailable unexpectedly. Decide What You Want Preserved Different accounts may call for different instructions. You might want family photographs saved and shared with your children, while preferring that certain personal accounts be closed. Think about who should receive important files and whether any material should remain private. Avoid assuming that the person handling your estate will know which documents matter or where they are stored. Backing up irreplaceable photographs and other meaningful files can also reduce dependence on a single account or service. Address Legal Authority Knowing a password does not necessarily give someone legal authority to use an account. Vermont’s Revised Uniform Fiduciary Access to Digital Assets Act provides a framework for access by executors and other fiduciaries, but access depends on the circumstances and applicable requirements. Your estate planning documents should address digital assets and your wishes concerning disclosure. The contents of private electronic communications deserve particular attention because access can involve additional consent requirements. An attorney can help coordinate these provisions with the rest of your plan. Review Account Planning Tools Some providers offer online tools that allow users to direct what happens to account information after death. These settings should be reviewed alongside your legal documents. Under Vermont law, a direction made through a qualifying online tool can override conflicting instructions in a will, trust, or power of attorney. Completing estate planning documents without checking those settings may therefore leave inconsistent instructions in place. If no applicable online direction exists, your legal documents can play an important role in expressing whether disclosure should be allowed or prohibited. Keep Access Information Secure Your plan should explain where authorized individuals can find necessary access information without unnecessarily exposing it. Avoid putting passwords directly in your will, which may become part of a court record. A secure password manager or a separately maintained record may be useful, depending on your circumstances. Consider how account recovery works, particularly when verification depends on a phone or another email account. Cryptocurrency requires special care. Losing necessary keys or recovery information can make assets inaccessible, while sharing that information carelessly can expose them to theft. Keep the Plan Current An inventory becomes less useful as accounts change. Review it periodically and after significant changes to your online activities or business. Make sure the appropriate person knows that your instructions exist and where to find them. Contact Deppman Law PLC Planning for digital assets can help preserve meaningful records and give the people handling your affairs clearer guidance. To learn more about incorporating digital assets into your Vermont estate plan, reach out to Deppman Law PLC for more information.
For a small business owner, divorce can raise questions that extend well beyond the family home or joint bank accounts. A business may represent years of work and provide the income that supports both spouses. If they built or operated it together, separating their personal lives may also mean untangling their working relationship. Understanding how a business may be addressed in a Vermont divorce can help owners prepare for difficult decisions while protecting ongoing operations. Is the Business Part of the Property Division? Vermont courts have broad authority to divide property in a divorce. All property owned by either or both spouses may be considered, regardless of when it was acquired or whose name appears on the ownership documents. A business started before the marriage or inherited from a parent is therefore not automatically excluded. However, being subject to division does not mean that a business must be split equally. Vermont follows equitable distribution, which calls for a fair division based on the circumstances. Relevant considerations include the length of the marriage, each spouse’s financial situation, and their contributions to acquiring or preserving property. Nonfinancial contributions, including homemaking, also matter. Determining What the Business Is Worth Before spouses can meaningfully discuss how to address a business, they need a reliable understanding of its value. Annual revenue alone does not answer that question, and a business’s tax return may not tell the whole story. Depending on the company, a valuation may examine its assets and outstanding debts, along with its earnings history and future prospects. The business’s dependence on the owner’s personal involvement may also require careful analysis. A qualified valuation professional can help assess these issues. Even when spouses agree that one person should keep the business, disagreements about its value can make settlement difficult. Establishing a supported value provides a stronger starting point for negotiations. Can One Spouse Keep the Business? One possible resolution is for one spouse to retain the business while the other receives different assets or a negotiated payment. For example, the overall settlement might allocate a larger share of other property to the spouse who is giving up a claim to the business. That arrangement must be financially workable. A business may have substantial value without enough available cash to fund an immediate buyout. Payment terms should account for operating expenses and the company’s ability to continue generating income. Selling the business may be another option. Some former spouses consider continuing as co-owners, although that requires a realistic assessment of whether they can work together and a clear agreement governing future decisions. What If Both Spouses Work There? When both spouses are involved in daily operations, ownership is only part of the discussion. They may also need to address employment responsibilities and compensation while the divorce is pending. Consider practical questions early: Who will communicate with employees? Who can approve significant expenditures? How will financial information be shared? Temporary arrangements can help preserve stability while longer-term issues are resolved. Personal disagreements can otherwise spill into business decisions and affect relationships with customers or staff. Prepare Before Making Changes Gather financial records and any agreements affecting ownership or transfers. If other owners are involved, their rights and the company’s governing documents also need attention. Before changing compensation, transferring ownership, or making unusual withdrawals, speak with an attorney. Decisions made during a divorce can affect both the business and the property settlement. Contact Deppman Law PLC Addressing a business in divorce requires attention to the company’s future as well as each spouse’s financial needs. If you own a business and are considering divorce, or have questions about a jointly operated company, reach out to Deppman Law PLC for more information about your options.