Steps for wills
- 1
Review family and property
- 2
Identify probate and non-probate assets
- 3
Choose fiduciaries and beneficiaries
- 4
Draft and execute the will with the required formalities
What a Vermont will controls and what it does not
| Item | Does the will control it? | What controls instead |
|---|---|---|
| Probate property in your name alone | Yes | The will, once the court appoints the executor |
| Who serves as executor | Nominates | The Probate Division's appointment |
| Guardians for minor children | Can name them | The court's approval |
| Retirement accounts and life insurance with a named beneficiary | No | The beneficiary designation on file |
| Jointly owned property with survivorship rights | No | The survivorship terms of the ownership |
| Property held in a funded living trust | No | The terms of the trust |
| Avoiding probate | No | Ownership and beneficiary choices made outside the will |
| How wills are made and revoked | Governed by 14 V.S.A. §§ 1-11 | Vermont Statutes, Title 14 |
| Safekeeping | The will can be deposited with the Probate Division in your county of residence and stays confidential during your life | 14 V.S.A. § 2; there is no added fee to file codicils |
Records for wills
- Current will or codicils
- Family list
- Property overview
- Executor and guardian choices
Is a "last will and testament" different from a will?
No. "Last will and testament" is the traditional full name for the same document most people just call a will. Vermont law does not require the longer phrase to make it valid.
Does a will avoid probate in Vermont?
Generally, a will is used in probate; it tells the court and executor how probate property should be handled. Other planning tools may affect which assets pass through probate.
What happens if someone dies without a will?
Vermont intestacy law determines who receives probate property. The result may differ from what the person would have chosen.
Who can make a will in Vermont?
Any individual who is 18 or older, or emancipated by court order, and of sound mind. The statute requires the will to be in writing. Capacity is a legal question assessed at signing; do not treat a short conversation as proof that the requirement is met.
How many witnesses does a Vermont will need?
At least two. The statute requires the will to be signed in front of two or more credible witnesses, and the witnesses must sign it in front of the testator and each other; an unwitnessed handwritten will does not meet that test.
What is a self-proving affidavit?
It is a sworn statement, made before a notary by you and your two witnesses, that records the will-signing facts.
With it, the court can often allow the will without calling a witness. It speeds things up. It does not make a bad will valid.
Can a witness also be a beneficiary?
It is risky. A gift to a witness, or to a witness's spouse, is voidable unless two other competent witnesses also signed; the fix is simple. Choose witnesses who receive nothing under the will, and use two of them.
Can I keep my will at the probate court?
Yes. Vermont lets a testator deposit a will for safekeeping with the Probate Division for the district where they live, for a fee; the court keeps an index and does not open the envelope until it is delivered to someone entitled to it.
How do I revoke a will?
Sign a later will that revokes the earlier one, or destroy the old one on purpose. Burning, tearing, canceling, and obliterating all count if you meant to revoke.
Scribbling on a signed will is a poor way to change it. Sign a new one instead.
Is a will I signed in another state still good in Vermont?
Often yes. A will signed under the law of the place where it was signed, or of the testator's home state, is treated as validly executed here if it is in writing and signed; a lawyer should still check it against your current facts.
Primary Vermont sources
Related legal help
Services directory- Estate Planning in Vermont
- Revocable Living Trusts in Vermont
- Estate Administration in Vermont
- Executor Help in Vermont
Specific questions