Detailed Answer
Disclaimer: This article is for educational purposes only and not legal advice.
Under Vermont law, the Probate Division of the Superior Court handles all probate estates (14 V.S.A. § 1-103). To find out if a probate estate has been opened for a decedent, follow these steps:
1. Identify the Correct Probate Division
Probate jurisdiction depends on the decedent’s residence or property location. If the decedent lived in Chittenden County, contact the Chittenden Probate Division, and so on. See 14 V.S.A. § 1-103 (link).
2. Search Online Court Records
Vermont Judiciary offers an online case search tool. Visit Vermont Judiciary eCase Search, enter the decedent’s name, and filter by “Probate.”
3. Contact the Register of Probate
Call or email the local Register of Probate. Provide the decedent’s full name and date of death. A clerk can confirm whether the court docket shows a probate filing.
4. Check Published Notices
Vermont law requires personal representatives to publish notice to creditors (14 V.S.A. § 401). Check local newspapers in the decedent’s last residence or property county for “Notice to Creditors” advertisements (14 V.S.A. § 401).
5. Review Probate Registers in Person
Visit the county courthouse. Probate registers and dockets are public records. Most registers list filings chronologically by date and decedent name.
Helpful Hints
- Have the full legal name and date of death ready to speed up searches.
- Be prepared to pay a small copy or search fee.
- Use a public computer at the courthouse if you lack internet access.
- Keep notes on whom you spoke with and when, in case you need to follow up.
- Consider hiring an attorney if you face complex issues or if no filing appears but an estate may exist.