When a loved one passes, you may need to confirm whether they left a valid will or other estate planning documents. Vermont law provides specific steps for locating and verifying these records. Follow these guidelines to ensure you uncover any existing testamentary papers.
Detailed Answer
1. Review the Decedent’s Personal Records
Begin by searching the decedent’s home for file cabinets, safes, desks and digital folders. Look for documents labeled “Will,” “Trust,” “Power of Attorney,” or “Healthcare Directive.” Sometimes people store originals and copies together.
2. Consult Family Members and Close Friends
Ask immediate family, executors named in past correspondence, or close friends if they recall seeing or storing estate planning papers. They may know of a lawyer who prepared the documents or the safe deposit box location.
3. Contact the Decedent’s Attorney
If you know which law firm handled the estate planning, call and ask whether they hold originals or copies. Attorneys often keep a client’s last will or trust documents in their vaults.
4. Check Safe Deposit Boxes and Financial Institutions
Visit banks or credit unions where the decedent held accounts. A safe deposit box might contain sealed envelopes labeled “Last Will and Testament.” Note that federal rules require you to provide a death certificate and court authorization to access these boxes.
5. Search Public Records and Registries
Vermont offers a voluntary will registry through some attorney associations. While not mandatory, a registered will is easier to find. Contact local bar associations or check online registries if they exist.
6. Inquire at the Probate Court
Under Vermont law, a testator may deposit an executed will with the probate court for safekeeping. If deposited, the probate clerk must file it within 15 days after receiving notice of death. See 14 V.S.A. § 531 (legislature.vermont.gov/statutes/section/14/051/00531) and § 533 (legislature.vermont.gov/statutes/section/14/051/00533).
Contact the probate court in the district where the decedent lived. Provide the decedent’s name, date of death and any case or file number. Many courts maintain searchable indexes online via the Vermont Judiciary website: vermontjudiciary.org/probate-estate-division.
Helpful Hints
- Obtain a certified copy of the death certificate before contacting institutions.
- Keep detailed notes of whom you contact, dates and responses.
- Ask the probate clerk about filing fees and required forms to admit a will.
- Consider hiring a probate attorney if records are unclear or contested.
- Retain all original documents and provide copies only when necessary.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified Vermont attorney for guidance on your specific situation.