Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Finding a valid will decades after execution can pose unique challenges. In Vermont, the Probate Division of the Superior Court handles probate. Below are steps to verify and probate an old will under Vermont law.
1. Confirm Decedent’s Domicile and Identify Jurisdiction
Determine the decedent’s last legal residence in Vermont. File your petition in the Probate Division of the Superior Court in the county of domicile.
2. Gather Documents and Evidence
Locate the original will. If you only have a copy or no original, you must prepare to prove its contents and validity per 14 V.S.A. § 3-508. You will also need the decedent’s death certificate and any codicils or drafts.
3. Petition for Probate
Any interested person—such as an executor named in the will, a beneficiary, or someone in possession of the document—may present the will for probate under 14 V.S.A. § 3-502. File a petition for probate with the court clerk. Include: 1) Original will (if available) or copy; 2) Certified death certificate; 3) Probate petition form; 4) Names and addresses of heirs and beneficiaries. Pay the filing fee set by the local court.
4. Prove Due Execution
If the will bears a signature and witness attestation clause, you must prove due execution under 14 V.S.A. § 3-504. Arrange affidavits or live testimony from at least two witnesses who signed the will. If a witness is unavailable, the court may accept depositions or sworn statements.
5. Admitting Lost or Destroyed Wills
If the original is missing or destroyed, proceed under 14 V.S.A. § 3-508. Provide clear and convincing evidence of the will’s contents, the decedent’s intent, and proof that it was not revoked. Vermont law requires testimony from at least two disinterested persons who can attest to the document’s validity.
6. Notice to Interested Parties
After filing your petition, the court issues notice to heirs, devisees, and creditors. Follow timelines in 14 V.S.A. § 3-506 for service requirements.
7. Court Hearing and Admission
The court schedules a hearing. Present witness testimony, affidavits, and any supporting evidence. If the judge finds the proof sufficient, the will is admitted to probate and the court issues letters testamentary to the personal representative.
Helpful Hints
- Start early: Track down witnesses, copies, and supporting documents promptly.
- Use certified copies of the death certificate to prevent delays.
- Contact the Probate Division clerk for local forms, fee schedules, and procedural guidance.
- Photograph or scan the will and related papers to preserve evidence.
- Consider hiring a probate attorney if the estate is large, complex, or if disputes arise.