Submitting an Original Will to a Vermont Probate Court from Another State: A Practical Guide

Quick note: This is general information only and does not constitute legal advice. Consult a Vermont-licensed attorney for advice about your specific situation.

Detailed answer — how to file the original will when you live out of state

If the person who died (the decedent) was domiciled in Vermont, the probate court in the Vermont probate district for the decedent’s residence handles the will and appointment of a personal representative. If the decedent died domiciled elsewhere but owned property in Vermont, an ancillary probate may be required for that property. Find the correct probate court or district on the Vermont Judiciary website: https://www.vermontjudiciary.org/organization/courts/probate-division.

Who should file

Anyone who has custody of the original will may submit it to the probate court. Typical filers are the person named as executor, a close family member, an attorney, or the custodian of the will (for example, a bank or law office). You do not need to live in Vermont to file the original will.

Essential documents to include

• Original last will and testament (do not sign or alter it after the death).
• Certified copy of the decedent’s death certificate (courts generally require a certified copy).
• A completed petition or cover letter requesting probate and identifying the petitioner, the decedent, and the will (use Vermont probate forms if available or a short sworn petition).
• Contact information for the petitioner and any nominated personal representative.
• Payment for the filing fee or a completed fee waiver request if applicable — check the court website or call the clerk for the current fee amount.
• Copies of the will or relevant documents for the court file and for any interested persons; include a stamped, self-addressed envelope or request for return of the original if you want it returned after filing.

Step-by-step process for out-of-state filers

1. Locate the correct Vermont probate court for the decedent’s last residence. The Vermont Judiciary site lists probate districts and contact information: Vermont Probate Division.
2. Call the probate clerk before you send anything. Confirm filing requirements, current fees, acceptable forms, and whether the clerk will accept filings by mail or requires in-person delivery. Ask how the court handles originals and whether you should include a self-addressed stamped envelope for return.
3. Prepare a clear cover letter or petition identifying the decedent, the date of death (if known), the location of the original will, and your relationship to the decedent. State whether you are asking the court to open probate, to appoint the named executor, or to accept the will for safekeeping only.
4. Include the original will and a certified death certificate. Attach photocopies of the will and certificate for the court file.
5. Send the package using a reliable courier or certified mail with tracking and return receipt. Keep copies of everything you send and keep tracking/receipt records. Consider using overnight delivery so the court receives the original promptly.
6. Follow up with the probate clerk after the court receives the package. Request a docket number or case number, and ask how and when the court will notify interested persons and the petitioner about next steps (appointments, hearings, issuance of letters testamentary, etc.).

If the will is held by a bank, attorney, or other custodian in another state

Contact the custodian and ask them to mail the original will (and a certified death certificate) directly to the correct Vermont probate court. Many custodians will file the will themselves, especially if the will names an in-state attorney or if the custodian has a legal obligation to deliver the will for probate. If a custodian resists, consult a Vermont attorney about compelling delivery or alternative steps.

Ancillary probate and out-of-state decedents

If the decedent lived outside Vermont but owned Vermont real property or certain other Vermont assets, you may need to open an ancillary probate case in Vermont to transfer or manage those assets. The domiciliary probate (where the decedent lived) handles the main estate; Vermont’s probate court handles Vermont-located assets. Ask the Vermont probate clerk whether ancillary probate applies to your situation.

After filing: what to expect next

• The court will docket the will and may set a date to appoint a personal representative or require notice to interested persons.
• Depending on the case, the court may issue letters testamentary or letters of administration to the appointed personal representative. Those letters allow banks, title companies, and others to release assets to the estate representative.
• You may need certified copies of letters testamentary or court orders to access accounts or transfer property.

Helpful hints — practical tips for a smooth out-of-state filing

• Call the probate clerk first. The clerk can confirm the exact mailing address, required forms, and current fees.
• Use certified / overnight mail or a courier with tracking. Request a return receipt and keep tracking numbers.
• Do not alter or sign the original will after the decedent’s death. Preserve chain of custody and document who had the will before filing.
• Include a short sworn statement or affidavit about how you obtained the will if its custody before filing might be questioned.
• Provide a self-addressed stamped envelope if you want the court to return the original will when it finishes its initial processing or if the petitioner asks for its return after issuance of letters.
• Keep multiple scanned copies of the original documents before you send them. Store those copies securely and share them only with relevant parties.
• If the decedent owned property in Vermont but lived elsewhere, ask about ancillary probate to avoid delays in handling Vermont assets.
• If you cannot travel, consider hiring a Vermont attorney or asking a Vermont-licensed attorney to appear or file on your behalf. An in-state attorney can handle local court procedures and communications.
• Check the Vermont Judiciary website and the Vermont statutes portal for forms and general rules: Vermont Probate Division and Vermont Statutes.

Final reminder: This guide gives practical steps for submitting an original will to a Vermont probate court from out of state. It is not a substitute for legal advice. For case-specific advice, contact a lawyer licensed in Vermont.