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Vermont Probate Division

Estates and Wills


Orleans Superior Court

As of May 21, 2013, the old estate forms have been replaced by new forms developed by the Probate Oversight Committee and approved by the Administrative Judge.  For a guide to the new forms that will help you convert the old form numbers to the new form numbers and provide an explanation of the major changes, click here.
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Frequently Asked Questions
expand   Why do estates have to go through probate?
expand   Do I need to file if the estate is small?
If there is titled property (this means property that has a written document to show who owns it such as motor vehicles, stocks, bank accounts, real estate or mobile homes), it is likely that a probate estate will be necessary. There are special expedited procedures for small estates valued at less than $10,000, or where the estate consists of only a motor vehicle. Contact the court to see if you qualify.
expand   What is a Fiduciary?
expand   What are my duties as Executor or Administrator ?
Your duties are to establish the contents of the estate, pay off all valid debts, and distribute the remainder of the estate to the beneficiaries after a decree has been issued by the court. You must also identify and notify all persons who have a legal interest in the estate including heirs, a spouse, beneficiaries, and creditors.  The court will inform you of your exact responsibilities when you are appointed as a fiduciary. The Vermont Probate Division puts out a helpful pamphlet entitled "Instructions To Fiduciaries" which you can obtain from any Probate Court or download fromwww.vermontjudiciary.org. If you have more detailed questions about your duties, it is best to contact a lawyer.    
 
expand   I have been named as executor in a will but do not want to take on the job. What do I do?
expand   How much does it cost to probate an estate?
Please see the listing of court fees on the General Information Page. The amount of non-court fees will vary depending on the size and value of the estate as well as other factors. If you are seeking specific information as to the entire cost, you should consult an attorney.   
 
expand   Do I need a lawyer?
expand   How do I go about becoming bonded if I am named as a fiduciary?

The Probate Division will tell you what kind of bond is required. Sometimes the court “waives” a surety. That means, you simply read and sign the bond before a witness and return it. If a personal surety is required, often you need a financially responsible person to join with you in the obligation of the bond. If you violate your duties and cause a loss, both you and the surety are potentially liable on the bond. If a commercial surety is required, then you will need to locate an insurer who writes fiduciary bonds. Depending upon the amount of the bond, there may be a bonding fee for this sort of surety.   

 
expand   How do I make a claim against an estate?
expand   How do I object to a will?

If you do not believe that the proposed will is valid, you should not sign the “Consent to Allowance of the Will.”  You should also seek legal advice.  A will contest involves litigation that can be complex and technical.  A lawyer can advise you of your rights and your best course of action.   

 
Small Estate Forms
All Other Estate Forms