Vermont probate is handled by the Probate Division of Superior Court, organized into 14 probate districts. Vermont has not adopted the Uniform Probate Code, so the process is more traditional and court-supervised than in UPC states. Vermont also has its own state estate tax with a $5 million exemption and no portability for spouses. This guide walks through every step.
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Does Vermont Always Require Probate?
No. Assets that pass outside of probate include those held in a revocable living trust, accounts with payable-on-death or transfer-on-death designations, life insurance and retirement accounts with named beneficiaries, and joint tenancy property with right of survivorship.
Vermont's Probate Division
Vermont divides probate jurisdiction among 14 probate districts, each operating as a Probate Division of Superior Court. You file in the district where the deceased was domiciled.
The Vermont Small Estate Procedure ($45,000)
For estates with personal property of $45,000 or less, Vermont allows a summary "small estate" procedure (14 V.S.A. § 1902) — but it's not automatic for every small estate. It's available specifically when the decedent is survived by a spouse, civil union partner, or children, and owned no real estate. Required filings include a list of successors, the death certificate, an inventory of personal property, an itemized list of paid and outstanding debts and funeral expenses, and the will (if any). It still involves the Probate Division, unlike a pure out-of-court affidavit used in some other states.
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See the full checklist →How to Open Probate in Vermont
- File the will and a Petition to Open Estate with the Probate Division of Superior Court in the district of domicile.
- The court holds a hearing (typically within a few weeks) and admits the will to probate.
- The court issues Letters Testamentary or Letters of Administration.
Vermont Personal Representative Compensation
Vermont law (14 V.S.A. § 1065) entitles the personal representative to a "reasonable fee," subject to court approval — there is no fixed statutory percentage. The court weighs factors including estate size and the complexity of the work. For a routine estate, 1–3% of estate value is a common practical benchmark, though this isn't set by statute.
Creditor Claims in Vermont
The personal representative must publish a Notice to Creditors under 14 V.S.A. § 1201. Creditors then have 4 months from the date of first publication to file claims (14 V.S.A. § 1203); without published notice, creditors generally have 1 year from the date of death. Direct notice to known creditors is also required. The Probate Division may excuse compliance with the notice requirement in narrow cases — for example, if the estate's value doesn't exceed $2,500 and is assigned for the surviving spouse's support.
Pro tip
Vermont's $5 million estate tax exemption is significantly lower than the federal exemption. A Vermont resident with $7 million in assets pays no federal estate tax but owes Vermont estate tax on the $2 million above the state exemption (16% × $2M = $320,000). Married couples should plan carefully, since Vermont — unlike the federal system — does not allow portability of the exemption between spouses.
The Vermont Estate Tax
Vermont's estate tax has a $5 million per person exemption for 2026, with no portability between spouses. Estates above $5 million pay a flat 16% rate on the excess. Vermont Form EST-191 is generally required if the estate has Vermont property and either the federal gross estate plus taxable gifts made within two years of death exceeds $4.25 million, or a federal Form 706 is required — the return is due 9 months after death. Vermont does not have a separate inheritance tax. Separately, the federal estate tax exemption for 2026 is $15 million per person, so most Vermont estates that owe estate tax owe it to the state, not the IRS.
Intestacy in Vermont
If there is no will, Vermont's intestacy statute applies. Key rules: if the deceased has a surviving spouse and all descendants are also descendants of the spouse, the spouse takes the entire estate. If there are descendants from outside the marriage, the spouse takes 1/2 and the descendants share the remainder.
Spousal and Family Allowances
Vermont provides several allowances paid before general creditors: a homestead allowance, exempt personal property, and a family allowance for the surviving spouse and minor children during administration.
You're reading about probate in Vermont. Here's what else is on the list.
- Locate the Will and legal documents
- Apply for death certificates (Multiple copies)
- Start the probate process (Contact Attorney)this guide
- Notify any additional creditors
- Prepare final accounting for probate
- Close the estate formally
- + 62 more tasks across all four phases
This article is for informational purposes only and does not constitute legal advice. Laws in Vermont may change. Consult a licensed Vermont attorney for guidance specific to your situation.