What is the difference between common and solemn form probate in Vermont?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

In Vermont, probate follows either a summary process for small estates or a formal administration for larger or contested estates. While North Carolina refers to “common” and “solemn” form probate, Vermont’s summary and formal processes serve similar purposes:

Summary Probate for Small Estates

Under 14 V.S.A. § 328 (Summary Process for Small Estates), estates valued at $50,000 or less qualify for summary probate. The court issues an order to distribute assets without appointing a full personal representative:

  • Petitioner files an affidavit identifying heirs and estate value.
  • No formal hearing if no heir objects within designated notice period.
  • Assets distribute directly to heirs per statute.

Formal Probate

For estates exceeding $50,000 or those involving potential disputes, Vermont uses formal probate under 14 V.S.A. Chapter 13 (Formal Probate Procedures):

  • The court issues letters of appointment to a personal representative.
  • The personal representative inventories assets, provides notice to creditors, and files periodic accountings.
  • Heirs or creditors may contest wills or administration actions.
  • Probate typically requires a hearing to resolve disputes.

Helpful Hints

  • Determine estate value early to choose the correct process.
  • Gather a list of assets, debts, and potential heirs before filing.
  • File required notices promptly to avoid delays or defaults.
  • Consider hiring a probate attorney for formal administration.
  • Keep clear records of all transactions and court filings.

Disclaimer: This article provides general educational information about Vermont probate procedures. It does not constitute legal advice. For guidance specific to your situation, consult a qualified probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.