Preserve the original will and later discoveries
Keep every will or codicil found, including a version discovered after a filing. Give the document to the proper court or authorized adviser for review rather than deciding privately which version wins. Keep urgent insurance, occupancy and maintenance questions with the property record while appointment is resolved.
An executor's position before and after the court appoints them
| Topic | Before appointment | After appointment |
|---|---|---|
| Authority | None yet, even if you are named in the will; the court will not force you to serve | Authority to act as the court allows, after a bond is in place |
| Property | Locate and secure what you can without taking control | Identify, value, protect and manage estate property |
| Payments and distributions | Avoid paying or distributing anything you cannot document | Pay valid debts; distribute only with court approval |
| Records | Keep copies of everything you send or receive | File the inventory within 30 days of appointment, then annual reports |
| Court | Confirm the Probate Division in the county where the person lived | Follow court requirements and seek approval where needed |
Records for executor help
- Original will
- Death certificate
- Known asset and debt list
- Communications already sent
What does a Vermont probate attorney do?
A probate attorney, sometimes called a probate lawyer, typically advises the executor or administrator on filings, deadlines, creditor claims, taxes, and distributions, and can appear in Probate Division proceedings when needed. Not every estate needs full representation; scope depends on the estate's size and complexity.
Does contacting a lawyer make me the executor?
No. A will may nominate an executor, but the Probate Division appoints the fiduciary and issues authority. An attorney can explain the filing and appointment process.
Can I decline to serve as executor?
Yes. The court will not force you to serve. If you lack the time or confidence, it may be best to refuse the appointment, because an executor who cannot give the estate enough time can damage it and face liability.
What are the executor's first three tasks?
Get certified copies of the death certificate, locate the original will, and secure the property; then file the will and a petition with the Probate Division. Do not pay bills or give away items until the court has appointed you.
Can an executor be personally liable?
Yes, in some circumstances. Paying claims too early, distributing before the court allows it, or mishandling assets can create personal exposure.
Keeping records and following the statutory steps reduces the risk. A bond also protects the estate.
Should an executor use their own money for estate bills?
Only with care. Keep estate funds in a separate estate account and reimburse yourself only through documented, allowed expenses. Keep the records sufficient to distinguish estate transactions from personal transactions.
What should an executor do about the deceased's house?
Keep it insured, heated in winter, and secure. Confirm the insurer knows the owner has died, since many policies restrict coverage for vacant homes. Do not sell it until you have court authority where it is needed.
Can an executor keep an item from the estate?
Only if the will gives it to you, or the beneficiaries agree in writing and the court allows the distribution; taking something first and sorting it out later invites objections. Document any agreed transfer and its value.
How do I handle the deceased's mail and accounts?
Change the address for bills, notify banks with the court's letters, and close accounts only after the court has appointed you. Watch for automatic payments still coming out. Cancel subscriptions and memberships in writing.
What if beneficiaries or family members disagree with me?
Communicate early, keep records, and follow the will. Disagreements over items or timing are common.
Written updates reduce suspicion. If a family member threatens a challenge, talk to a lawyer before responding.
Who has to deliver the will to the court?
Whoever has custody of it. Vermont law says a person who holds a will must deliver it to the Probate Division, or to the named executor, within 30 days after learning of the death; do not throw it away or hold it back.
What if I find a later will?
Give it to the court. The Judiciary says anyone with a more recent will should present it to the Probate Division.
The court decides which will is valid. Hiding one can lead to serious consequences.
Do I have to open an estate?
Only if assets are in the sole name of the person who died. If the only asset is a vehicle and there is a surviving spouse, an estate may not be needed. Call the county probate court or a lawyer if you are unsure.
What should I do about the vehicles?
Keep them insured and locked. Do not sell one before you have authority. The Vermont DMV has a Death of Owner page on the requirements for re-titling; a car with a lien needs the lender's attention too.
Can I pay the funeral bill from the estate?
Often you can, with care. Funeral costs get priority as an estate expense within a limit, and they are reimbursed if documented.
Keep receipts. If you pay personally, keep records so you can be repaid once you have authority.
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