Will My Vermont Estate Be Subject to Probate?
November 21, 2022

When someone dies in Vermont, their estate will typically be subject to a process known as probate. During this court proceeding, assets are divided and distributed according to state law and the deceased’s wishes. Probate can be extremely long and costly for loved ones. 


How to Avoid Probate in Vermont


Fortunately, there are certain ways to protect some or all of your assets from the probate process. Even if your estate is subject to probate, you may be able to exclude some assets. Any assets with a beneficiary, such as a life insurance policy, will automatically avoid probate.


Create a living trust. 


By establishing a trust and naming a successor trustee (the person who will take over as trustee when you die), you can protect just about any asset, including real estate and bank accounts. Upon your passing, the successor trustee can distribute assets to beneficiaries without the need for probate. 


Establish joint ownership. 


Any property that you own with another person — which includes “right of survivorship” — will transfer directly to the surviving owner upon your passing. In Vermont, joint ownership is recognized in two forms — joint tenancy and tenancy by the entirety. 


By adding a POD designation, you retain full control of your money during your lifetime, but it transfers directly to your POD beneficiary when you die. No need for probate proceedings. 


Register securities, including stocks and bonds, in transfer-on-death (TOD) form. 


Similar to the POD designation, with TOD you retain full control of your investments during your lifetime, and they will transfer directly to your TOD beneficiary upon your death. Again, no need for probate. You can also add transfer-on-death designations to real estate and vehicles. 


Determine if you qualify for Vermont’s simplified probate procedures. 


Depending on the size of your estate, the executor may request simplified probate. If the court approves the request, the executor may be able to distribute assets without having to endure the regular probate process. To qualify for simplified probate, the deceased person must be survived by a spouse, children, or a parent and must have personal property totaling $10,000 or less. 


Contact a Middlebury Probate Attorney Today


Even if you have a small estate, you want it to pass to your heirs fully, quickly, and seamlessly. With a few simple steps, you can reduce your exposure to probate and possibly avoid it altogether. The skilled Vermont probate attorneys at Deppman Law, PC can help you protect retirement accounts, real estate, bank accounts, securities, and even vehicles from the probate process. Contact Benj and Lesely today for a confidential consultation and to learn more.


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.
May 18, 2025
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