Facts that decide the Vermont probate filing path
| Fact to confirm | Why it decides the path |
|---|---|
| The person's legal residence | Determines the proper Probate Division |
| Whether an original will exists | Testate and intestate estates differ |
| Type and estimated value of probate property | Small-estate eligibility depends on value |
| Whether Vermont real estate is involved | Real estate changes the route |
| Who may seek appointment | Decides who files and who gets notice |
| Appointment and bond questions | The court requires a bond before appointment |
Build a submission checklist
For each required form, record the current form number and revision, signer, notarization or verification requirement, attachments, copies, service or notice recipients, fee, delivery method, and proof of filing. Keep a complete filed set.
Do not treat acceptance as legal approval
A clerk's acceptance of papers does not resolve every legal issue or excuse a later duty.
- Certified death certificate
- Original will and codicils
- Interested-person names and addresses
- Asset and title information
- Appointment and bond questions
- Current notices, inventory, accounting, and closing forms
Where do I find the probate forms?
On the Vermont Judiciary website. The Estates and Wills page lists forms by number, such as the petition, the inventory schedule, the bond, and the notice to creditors. Use the current versions, since forms are revised from time to time.
What do I file to open a regular estate?
A petition, the original will and any codicils, a certified death certificate, the other forms listed on the Judiciary page, and the filing fee. File in the Probate Division for the county where the decedent lived at death.
What is the inventory schedule?
Form 700-00030, a list of all the decedent's assets with date-of-death values. The Judiciary says to file it within 30 days of appointment and mail copies to all parties with a certificate of service.
Which form starts a small estate?
The Petition to Open Small Estate, form 700-00001SM, plus the list of interested persons, the affidavit of funeral expenses and debts, the bond without surety, the inventory, the will if any, and the fee.
What is a certificate of service?
A statement, filed with the court, that lists the people you mailed a document to and the addresses used; the Judiciary calls for it whenever you mail an inventory or a notice. Keep a copy with the mailing proof.
What form do I use to deny a creditor's claim?
The Notice of Disallowance, form 700-00003, sent to the creditor within 60 days after you receive the claim. File a copy with the court. The notice must warn the claimant of the deadline to respond.
How do I refuse to serve as executor?
File the Executor's Refusal of Appointment, form PE 25. The court will not force you to serve, and it then recognizes another person. Do it promptly, since delay can hold up the estate.
Can I file online?
The Judiciary offers e-filing and describes filing options on its Filing Procedures page. Whether a particular filing can be made electronically depends on your case, so check the current instructions for your county.
What if I cannot afford the fees?
Ask the court to waive them by filing the Application to Waive Filing Fees and Service Costs; the Judiciary provides the form. The judge decides, so include the request with your first filing.
Do I need originals or copies?
The court needs the original will and codicils and a certified death certificate. Keep a copy of everything you file, as the Judiciary advises. Certified copies are also needed later for banks and title work.
Who helps if I get stuck on a form?
The Judiciary's Access and Resource Center helps the public find the right form and process, though court staff generally cannot give legal advice. A lawyer can review your papers if the estate has real estate or a dispute.
What should I check before I file?
That you have the right county, the current forms, the original will, the death certificate, the list of interested persons, and the fee. A short checklist prevents a rejected filing and the delay that follows.
Sources and further reading