Disclaimer: This is general information, not legal advice. I am not a lawyer. For advice about a specific situation, contact a Vermont probate attorney or the Vermont Probate Division.
Detailed Answer
When someone dies in Vermont and a personal representative (also called an executor or administrator) seeks formal appointment by the Probate Division of the Superior Court, the applicant must file certain core documents with the probate court. The exact package can vary by county and by whether the decedent left a will, but the items below cover what Vermont courts routinely require to open an estate and to take the oath of office.
Core documents you will typically need
- Death certificate (certified): A certified copy of the decedent’s death certificate is required to prove death.
- Original will (if any): File the decedent’s original will when you file for appointment. If you cannot find the original, you must explain that to the court and follow the court’s directions.
- Petition or application for appointment: A written petition or application asking the court to appoint a personal representative. Vermont uses local probate forms for this purpose; the petition identifies the applicant, the decedent, and the requested role (executor/administrator).
- Oath or acceptance of appointment: The oath (or acceptance) is signed by the person appointed and filed with the court. Some counties allow the oath to be sworn in front of court staff or a notary; confirm local procedure.
- Letters or certificate of appointment form: Many Vermont probate courts issue formal letters or a certificate once they appoint the personal representative. You usually request these when filing the petition.
- Renunciations or consents (if applicable): If someone entitled to serve renounces or consents to another person serving, the renunciation or written consent should be filed.
- Bond (if required): The court may require a surety bond for the personal representative unless the will waives bond or the court dispenses with it. If a bond is required, include the bond form and the surety company’s documents or a waiver from beneficiaries.
- List of heirs and beneficiaries: A short statement identifying heirs and beneficiaries and their contact information helps the court and is often required for service/notice.
- Notice or affidavit of notice: Proof that required parties (heirs, beneficiaries, possibly creditors) were given notice of the application. Local rules describe who must be notified and how.
- Filing fee: Vermont probate courts charge fees. Bring payment or include the fee form. Fee amounts and waiver rules vary by county.
Situations that change what you must file
- No will (intestate): If the decedent died without a will, the petitioner will ask to be appointed as administrator. The court may require additional statements about next of kin.
- Small estates: Vermont has simplified procedures for small estates or for transfer of personal property without formal administration. Those procedures use different short forms and sometimes do not require a full appointment. See the Probate Division for guidance.
- Contested appointment or objections: If someone objects to the appointment, the court may schedule a hearing and request additional affidavits, proof of service, and evidence about the parties’ claims.
Where the rules come from
Vermont probate matters arise under state statute and the Probate Division’s local practices. For statutory guidance, see Title 14 (Estates and Trusts) of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14. For court-specific forms and filing instructions, visit the Vermont Judiciary’s Probate pages at https://www.vermontjudiciary.org or contact the Probate Division clerk in the county where the decedent lived.
Example (hypothetical checklist)
Suppose Anna Smith of Burlington dies leaving a will that names her sister as executor. The sister’s likely filing packet to the Chittenden Probate Division would include:
- Certified death certificate for Anna Smith.
- Original last will and testament of Anna Smith.
- Completed Petition for Appointment of Personal Representative (local probate form).
- Signed Oath/Acceptance of Appointment by the sister (to be sworn/notarized as required).
- Bond or bond waiver (if the will waives bond, attach the waiver language).
- List of heirs and beneficiaries with contact information.
- Proof of payment of the filing fee or fee waiver request.
After filing, the court will review the papers, issue Letters or a Certificate of Appointment, and provide instructions on inventory, creditor notice, and administration duties.
Helpful Hints
- Contact the local Probate Division clerk before filing. Counties can have different forms and submission rules (in-person, mail, or electronic filing).
- Bring the original will (if one exists). Courts generally require the original document.
- Keep certified copies of the death certificate — you’ll need multiple copies for banks and government agencies.
- If you expect to be appointed, sign the oath in the presence of the appropriate official (notary or court clerk) so the form is valid when filed.
- Ask whether a bond is required. Many wills waive bond; if not, factor bond cost and underwriting time into your schedule.
- Prepare a short family tree or heir list to speed the court’s review and to notify interested parties promptly.
- Use Vermont Probate Division forms when available. The court’s forms reduce the chance the clerk will reject your filing for a technical defect.
- If the estate is small or the assets are simple, ask about simplified procedures to avoid full administration.
- Record the court’s appointment letters safely — banks and title companies often require an official certificate to release assets to the personal representative.
- When in doubt, consult a Vermont probate attorney for questions about contested appointments, bond, or fiduciary duties.