How to transfer real property to a child after a spouse’s death — Vermont FAQ

Disclaimer: This is general information, not legal advice. I am not a lawyer. For specific answers about your situation, contact a Vermont real estate or probate attorney.

Quick answer

The exact steps depend on how the property was titled when your spouse died. In Vermont you will first determine the type of ownership (joint tenancy with right of survivorship, tenancy in common, sole ownership, or ownership by a trust). From there you will either record the death with the local land records office if the property passed automatically (for example, joint tenancy with survivorship), or you will open a probate estate or use the executor/administrator to sign and record a deed transferring the property to the child. You generally must record a signed, notarized deed in the town where the property is located and attach a certified copy of the death certificate when required.

Detailed answer — step by step

1) Find and read the current deed and obtain a certified death certificate

Locate the recorded deed for the property (you or the town clerk can provide a copy). The deed shows how the owners hold title (for example: “John and Mary Doe, joint tenants with right of survivorship,” “John Doe, sole owner”).
Order several certified copies of the death certificate from the Vermont Department of Health or the town/vital records office. You will need certified copies to record with the land records office and to provide to lenders, title companies, or the probate court.

2) Determine how title passes under that form of ownership

Joint tenancy with right of survivorship or tenancy by the entireties (if used): upon death, ownership commonly passes automatically to the surviving owner(s). In that case recording a certified death certificate (sometimes with a simple affidavit) in the land records is often sufficient to show the surviving owner now holds full title.
Sole ownership (property titled only in the decedent’s name): the property does not transfer automatically. Title usually transfers under the decedent’s will (via probate) or under Vermont’s intestacy rules if there is no valid will.
Tenancy in common: the deceased owner’s share becomes part of the probate estate and passes according to the will or intestacy rules. It does not automatically go to the co-tenant.

For Vermont law on probate and intestate succession, see the Probate Division and statutes: Vermont Probate Division and the Vermont statutes online (Title 14 — Probate, Trusts, and Fiduciaries).

3) If title passed automatically (e.g., joint tenancy), record proof of death

Contact the town clerk / land records office where the property is located. Ask what documentation they require to update the chain of title. Many towns will accept a certified death certificate and a short affidavit or form from the surviving owner stating the deceased’s death and that title was held as joint tenants with right of survivorship.
Prepare and sign any affidavit required (notarize if required). File the affidavit and certified death certificate with the land records and pay the recording fee. The land records will show the surviving owner as sole owner going forward.

4) If the decedent was sole owner or the interest must pass through the estate

When the decedent’s ownership interest must be transferred by the estate, the common steps are:

Open a probate estate in the Vermont Superior Court, Probate Division. If there is a will, the nominated executor petitions the court to be appointed. If there is no will, an interested person petitions to be appointed administrator.
The personal representative (executor or administrator) obtains Letters (legal authority) from the Probate Division. With that authority the personal representative can sign a deed transferring property out of the estate.
The personal representative prepares a deed (for example, a probate executor’s deed or administrator’s deed) conveying the decedent’s interest to the beneficiary or heir (your child). The deed must contain the legal description, be signed by the personal representative, and be notarized.
Record the deed in the town land records where the property is located and attach any required probate papers and a certified death certificate. Pay the recording fee. Recording transfers title in the public records.

Vermont probate rules and procedures are governed by Title 14; see Title 14 — Probate, Trusts, and Fiduciaries and the Probate Division resources at the Vermont Judiciary: Vermont Probate Division.

5) If the decedent left a will leaving property to your child

The executor named in the will must open probate, get appointed, and then execute a deed transferring the property to the beneficiary. The recorded deed should reference the probate proceeding if required by the town land records office.

6) If the estate is small (possible simplified procedures)

Some states offer simplified procedures for small estates, but the availability and scope vary. Check with the Vermont Probate Division or a Vermont attorney to see if any non-probate or summary procedures apply to real property in your case.

7) Practical actions for the surviving spouse

Obtain the recorded deed and several certified death certificates.
Visit or call the town clerk/land records office where the property is located. Ask what documents and fees they require to change the recorded ownership.
If the deed shows survivorship, prepare the affidavit or paperwork the town clerk requires and record it with a certified death certificate.
If probate is required, consult the Probate Division website, then consider hiring an attorney to open the estate and prepare the executor’s deed for recording.

8) Common documents you may need to record

Certified copy of the death certificate.
Affidavit of survivorship or death (if title passes by survivorship).
Deed signed by the personal representative (executor’s or administrator’s deed) when the estate conveys property.
Filed probate papers or a copy of Letters Testamentary/Letters of Administration if the town requires proof of authority.

Helpful Hints

Start at the town clerk’s office where the property sits. They maintain the land records and can tell you the local recording requirements and fees.
Do not attempt to record a new deed until you confirm who currently holds legal title. Recording an improper deed can create confusion and extra expense.
Keep originals of certified death certificates and record multiple certified copies for banks, insurers, and government agencies.
If a mortgage exists, contact the lender. The lender’s payoff or consent may be required before title transfers free and clear.
Consider a title search or hiring a title company to confirm the chain of title and to produce title insurance for the new owner.
Probate procedures and timelines can be technical. If you plan to transfer real estate through probate, consult a Vermont probate or real estate attorney to prepare deeds and filings correctly.
Learn more about Vermont probate and statutes: Vermont Probate Division, and the Vermont statutes: Title 14 — Probate, Trusts, and Fiduciaries and Title 27 — Property and Conveyances.

When to get legal help

Contact a Vermont attorney if any of these apply:

You cannot determine how title is held.
There is a mortgage, lien, or dispute about heirs or the will.
The estate needs formal probate or has valuable or complex assets.
You want to minimize transfer taxes or understand tax consequences.

Hiring an experienced Vermont probate or real estate attorney can save time and prevent mistakes when preparing deeds and recording transfers.