Disclaimer: This article is for educational purposes and does not constitute legal advice.
Detailed Answer
In Vermont, locating original wills and codicils before opening probate involves searching court filings, personal records, and notifying key parties. Below is a step-by-step overview.
1. Search Probate Court Records
Under Vermont law, a testator may deposit an original will with the clerk of the probate division of the Superior Court in the county where they reside. See 14 V.S.A. § 3. Once deposited, the clerk records its submission and stores the original securely. To search:
- Contact the probate clerk in the county where the decedent last lived.
- Request a search for any wills or codicils on file.
2. Review Personal and Safe Deposit Records
Many testators keep original wills in personal files or safe deposit boxes. To locate these:
- Search the decedent’s home for file cabinets, strongboxes, or safety deposit box keys.
- Check mail for correspondence from an attorney or from the probate court.
- Contact the bank to learn if the decedent rented a safe deposit box.
3. Consult with the Decedent’s Attorney
Attorneys often retain original wills or codicils. If you know who drafted the will, reach out to that attorney’s office. They may have the original or know of any codicils.
4. Notify Interested Parties
Vermont probate rules require notice to heirs and beneficiaries. Inform immediate family members, named executors, and potential heirs about your search. They may know the will’s location or hold the original document.
5. Verifying Authenticity
Before filing, you must confirm the will’s validity. Under 14 V.S.A. § 2651, a valid will must be in writing, signed by the testator, and witnessed by two individuals. To verify authenticity:
- Inspect for the testator’s signature and date.
- Locate and interview witnesses to confirm the testator’s capacity and intent.
- Obtain written witness affidavits if the will was not previously filed with the court.
Helpful Hints
- Keep a log of all searches, calls, and inquiries.
- Ask banks about inactive safe deposit boxes even if you lack a key.
- Search digital files for scanned drafts or estate planning notes.
- Look for references to “last will and testament” in financial and insurance documents.
- Consider hiring a professional probate researcher if the will remains elusive.