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The preferred written instrument to convey a legal interest in land is a deed. There are two basic categories of deed used in Vermont to convey fee title and/or easements in land: the warranty deed; and the quit-claim deed.

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.

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.

V.R.P.P. Rule 80.4, Delivery of Will by Custodian; Copy of Will Filed for Safekeeping. If the decedent (the person who died) did not own any real estate other than a timeshare and the estate is worth less than $45,000.00, you can use the small estate procedure to probate the estate.

The deed could get complicated, and its validity contested if it is not recorded correctly or if the legal criteria are not met. If there is no provision for a contingent beneficiary, the transfer on the death deed is rendered ineffective if the named beneficiary passes away before the property owner.

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.