Probating an Unwitnessed, Unnotarized Will in Vermont

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney for guidance specific to your situation.

Detailed Answer

Under Vermont law, a will generally must be in writing, signed by the testator, and witnessed by two individuals to be deemed valid (14 V.S.A. § 302). If a document fails these formalities—such as lacking witnesses or notarization—it may still be admitted if the document qualifies as a holographic will. A holographic will is entirely in the deceased’s handwriting, including all material provisions, and signed by the testator (14 V.S.A. § 303).

To probate an unwitnessed, unnotarized will in Vermont, follow these steps:

1. Confirm Holographic Status: Verify that the entire will, including bequests and appointments, is in the testator’s handwriting and bears the testator’s signature. Typed portions may invalidate holographic status.
2. Petition the Probate Division: File a Petition for Probate with the Probate Division of the Vermont Superior Court in the county where the decedent lived. Attach a certified death certificate and the original will.
3. Provide Proof of Authenticity: Since there are no witnesses on the will, you must offer clear and convincing evidence that the handwriting and signature belong to the decedent. This may include:
   • Testimony from a family member or friend familiar with the decedent’s handwriting.
   • A handwriting expert’s report comparing the will to other known samples.
4. Notify Interested Parties: Serve notice on all heirs and beneficiaries as required by 14 V.S.A. § 1051. This ensures no one objects to admitting the will.
5. Attend the Probate Hearing: The court will schedule a hearing. Bring evidence of authenticity and any affidavits. If no valid objections arise, the judge may admit the will to probate and appoint an executor or personal representative.

Helpful Hints

• Collect multiple samples of the decedent’s handwriting (letters, cards) to strengthen your proof.
• Obtain affidavits from individuals who have seen the decedent sign documents.
• Hire a local probate attorney to ensure compliance with filing deadlines and notice requirements.
• Prepare a list of all potential heirs and beneficiaries to avoid future disputes.
• Keep the original will in a secure location; provide certified copies only to the court and interested parties.