Detailed Answer
Under Vermont law, you must file probate in the county with proper “venue” before a court can open or transfer a decedent’s estate. Venue rules ensure the court has local authority over the decedent’s property and estate administration.
1. Original Administration for Vermont Residents
If the decedent was a Vermont resident at death, you file in the Probate Division of the Superior Court in the county where the decedent was domiciled. “Domicile” means the primary home where the person intended to remain. See 14 V.S.A. § 1102.
Hypothetical: Jane lived in Burlington (Chittenden County) for years and died there. You open her estate in Chittenden County Probate Division.
2. Original Administration for Nonresidents Owning Vermont Property
A nonresident who dies owning real estate in Vermont requires “ancillary” proceedings. File in the county where the property lies. See 14 V.S.A. § 1131.
Hypothetical: John, a New York resident, owned a vacation home in Windham County. His ancillary probate proceeds in Windham County Probate Division.
3. Transferring Venue Between Counties
If administration opens in one county but key assets or witnesses lie in another county, you may transfer the proceeding for convenience. Although Vermont statutes do not provide a specific transfer section for probate, practice follows Superior Court Civil Rule 22(b) analogues. Contact the Probate Division clerk for procedural steps.
Helpful Hints
- Confirm the decedent’s domicile at death by reviewing address records, tax filings, and voter registration.
- Identify all Vermont real estate and its county location through town clerk records or the Grand List.
- Check the will or estate plan for venue provisions and executor guidance.
- Contact the Probate Division clerk in the proposed county to confirm local filing requirements and fees.
- Consider ancillary administration if the decedent owned property here but lived elsewhere.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Vermont attorney for guidance on your specific situation.