How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in Vermont

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.

Detailed Answer

When a person passes away in Vermont, the original will must be filed with the Probate Division of the Superior Court in the county where the decedent lived. If the will is already on file, you may request a certified copy. Below are the steps to obtain and submit an original will or filed copy during probate administration under Vermont law.

1. Determine Whether the Original Will Is Already Filed

• Contact the Probate Division in the decedent’s county. Vermont does not use a centralized registry for wills, so you must check locally.
• Provide the decedent’s full name and date of death to confirm whether an original will is on file.

2. If the Original Will Is Not Filed, Locate the Document

• Check with the decedent’s attorney, bank safe deposit box, or personal papers.
• Ask family members or the appointed personal representative if they hold the original.

3. Filing the Original Will

Under 14 V.S.A. § 3-501, the original will must be filed within 30 days after the decedent’s death. Failure to file timely may lead to penalties or exclusion from probate.

Steps to file:

1. Complete a probate petition for informal or formal administration, depending on the estate’s complexity.
2. Submit the original will along with the death certificate, petition, and applicable filing fee to the Probate Division clerk.
   
   See 14 V.S.A. § 3-501
3. Obtain a stamped, filed receipt showing the will has been entered into the court file.

4. Requesting a Certified Copy of a Filed Will

If you need duplicates of a will already on file, you may request a certified copy:

• Submit a written request to the Probate Division clerk. Include the decedent’s name, probate case number, and your contact information.
• Pay the statutory fee for certified copies (typically a small per-page fee).
• Receive the certified copy, which bears the court’s seal and is acceptable for bank, property, or administrative purposes.
  
  See 14 V.S.A. § 3-517

5. Submitting a Filed Copy in Lieu of an Original

If the original will is irrevocably lost after filing, Vermont courts allow submission of a certified copy as a stand-in original. Provide an affidavit explaining the loss and demonstrate the copy matches the filed original.

Helpful Hints

• Always keep the death certificate ready; courts require it for all filings.
• Verify local fee schedules on the county Probate Division’s website before visiting.
• If the original is missing, start gathering affidavits and witness statements promptly.
• Maintain clear records of who handles the original to avoid disputes.
• Consider consulting an estate attorney if the estate is complex or disputed.