Detailed Answer

Short answer: Vermont does not use the historic phrase “probate in common form.” That term appears in some other states to describe an informal or summary method of admitting a will or appointing a personal representative. In Vermont, the Probate Division of the Superior Court handles will admissions and estate administration using its own procedures, including streamlined processes for small or uncontested estates. For official guidance, the Probate Division information is at the Vermont Judiciary: https://www.vermontjudiciary.org/court-info/probate and the governing statutes appear in Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.

What people mean by “probate in common form”

When someone asks about “probate in common form,” they usually refer to an informal or summary probate process used in some states where a will can be proved and a personal representative appointed without a full adversary hearing or without formal probate administration. That procedure often relies on affidavits or sworn statements from witnesses or custodians of the will, and it can be faster and less expensive than a full, formal probate contested in court.

How Vermont actually handles admission of wills and estate administration

In Vermont:

• The Probate Division of the Superior Court admits wills to probate and appoints fiduciaries (executors or administrators). See Vermont Judiciary: https://www.vermontjudiciary.org/court-info/probate.
• Vermont’s statutory framework for wills, estates, and fiduciaries is in Title 14 of the Vermont Statutes. You can review relevant text here: https://legislature.vermont.gov/statutes/title/14.
• Where an estate is uncontested and documentation is clear, the Probate Division often processes the matter without a prolonged adversary hearing. That achieves many of the same goals as an informal or summary probate in other states: lower cost and faster resolution. However, Vermont still follows its own procedures for filings, notice, and appointments under state law and court rules.

Typical steps to admit a will or open an estate in Vermont (common practical flow)

1. Locate the decedent’s original will and important documents (death certificate, account statements, property deeds).
2. File a petition with the Probate Division to admit the will and appoint a personal representative (executor) or to open estate administration.
3. Provide notice to heirs and interested persons as required by the court and Vermont law so parties can object if they choose.
4. If no valid objection appears and the court accepts the submission, the court will admit the will and issue letters testamentary (or letters of administration where there is no will).
5. The fiduciary collects assets, gives notice to creditors, pays valid debts and taxes, inventories estate assets, and distributes the remainder to beneficiaries per the will or statute.
6. The fiduciary files accountings or a final report and petitions to close the estate when administration ends.

When Vermont’s process behaves like a “common form” probate

Functionally, many uncontested Vermont probates follow a streamlined path: clear will, cooperative heirs, and routine estate assets lead to quick filings, no hearings, and prompt issuance of fiduciary letters. That practical outcome resembles what some states call “probate in common form,” but it is achieved under Vermont’s statutory process and local court practices rather than by invoking that phrase.

Hypothetical example

Maria dies leaving a signed will that names her friend Tom as executor. Maria’s estate consists of a modest checking account, a car, and a paid-off home. Tom locates the original will, obtains a certified death certificate, and files a petition with the Probate Division asking the court to admit the will and issue letters testamentary. He notifies the named beneficiaries and other likely heirs. No one objects. The Probate Division admits the will and issues letters. Tom collects the assets, pays final bills, files a short accounting, and asks the court to close the estate. This is a typical, streamlined Vermont probate — quick and low-cost compared with contested or complex administrations.

Practical differences you should know

• Terminology: Don’t rely on the phrase “probate in common form” in Vermont; use “admission of will,” “letters testamentary,” or “appointment of administrator” when you contact the court or an attorney.
• Notice and procedure: Vermont requires certain notices and filings; follow local Probate Division rules and any statutory timing requirements in Title 14: https://legislature.vermont.gov/statutes/title/14.
• Small or uncontested estates: Vermont procedures can be faster for straightforward estates, but the court still requires proper paperwork and, in many cases, a filing fee.

Where to find forms and help

Start at the Vermont Judiciary Probate Division page for local contact details and basic forms: https://www.vermontjudiciary.org/court-info/probate. For statutes and more detailed legal text, see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.

Disclaimer

This article is for general information only and is not legal advice. I am not a lawyer. For advice tailored to your situation, contact a licensed Vermont probate attorney or the Probate Division of the Superior Court.

Helpful Hints

• Gather the original will, death certificate, financial account statements, and deeds before you file anything.
• Call the Probate Division in the county where the decedent lived to learn filing requirements and local procedures: https://www.vermontjudiciary.org/court-info/probate.
• If the estate is small and assets are few, ask the court clerk about any simplified or summary procedures available.
• Notify heirs and likely creditors promptly. Untimely notice can complicate administration.
• Keep careful records of receipts, bills paid, and distributions — you may need to file an accounting.
• Consider a consultation with a Vermont probate attorney when family relationships, taxes, real property, or business interests complicate the estate.
• If someone contests the will or claims you mishandled the estate, get legal help immediately.
• Expect some court fees and possibly a probate bond depending on the court’s requirements and estate circumstances.