There are two types of trusts under the jurisdiction of the probate division of the Vermont Superior Court: testamentary and nontestamentary.

Testamentary Trusts

A testamentary trust is a trust created under the terms of a will. Historically, most trusts were set up as testamentary trusts and had to be established by the probate division. Currently, most trusts are set up outside of the court. Existing testamentary trusts may still fall under probate court supervision. Trustees are required to file annual accounts, but annual accounts may be waived by the court upon petition, if certain requirements are met.

Nontestamentary Trusts

A nontestamentary trust is also called an inter vivos, or living, trust. This kind of trust is usually established with the assistance of a lawyer. The court may become involved in a nontestamentary trust if an issue or dispute arises with a trustee or trust administration. An interested person may file a petition with the court.

Trust matters are governed by the Vermont Trust Code, 14A V.S.A. section 101-1204.


Trust matters can be complicated. Consider talking to an attorney. See the Finding Legal Help web page for information about the ways to get the help of an attorney.