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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 ing to state law and the deceased's wishes. Probate can be extremely long and costly for loved ones.

Probate courts in Vermont have been responsible for the probate of wills, the settlement of estates, guardianships, adoptions, civil commitments, and name changes. Prior to 2011, the state was divided into as many as twenty probate districts.

The probate division examines the legality of a will. It then oversees the administration of the estate to ensure that the executor or administrator correctly performs their duties, follows laws, and honors final wishes. The probate process also assures payment of debts and converts property titles to the new owners.

Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.

As stated in Section 103 of Title 14 of Chapter 3 of Vermont probate laws, the individual with custody of the will has to file with a court within 30 days of learning about the death. You do not need to file a petition to open probate at the same time as filing, but you can complete both simultaneously.

Most estates in Vermont will need to go through probate. Unless they are included in a living trust, they will need to go through a legal process to have the assets transferred to the heirs.