Vermont Last Will and Testament

The will also allows the testator to nominate a person to oversee the estate and make sure the will is properly handled. This person is called the executor.

Before the terms of a will can be accepted, the will must be proven in probate court. Probate is the court-supervised process of distributing the estate of a deceased person.

Once the will is proven, the executor can proceed to wrap up the estate, which includes collecting and protecting property, paying off debts, and then distributing assets.

Vermont offers a simplified probate process for estates that contain no real estate and are valued at $10,000 or less.

Intestacy: Dying without a will

Someone who dies without a will is called “intestate,” which invokes the strict laws of intestacy. In Vermont in the absence of a will, a surviving spouse inherits the entire estate even if the surviving spouse and decedent share descendants. If the decedent has descendants with someone other than the surviving spouse, the surviving spouse inherits half of the estate; a surviving spouse may also request all household goods and certain other property.

If there is no surviving spouse, descendants, or parents, other relatives, including siblings and grandparents, will inherit depending on the closeness of the relation.

Exceptions to ability to distribute property

Not all property can be distributed according to a will. Some exceptions in Vermont include the following:

• Property owned in joint tenancy with right of survivorship
• Widow’s/husband’s interest in real estate
• Share of child born after the execution of a will

Form a last will in Vermont

The basic requirements for a Vermont last will and testament include the following:

• Age: The testator must be at least 18 years old.
• Capacity: The testator must be of sound mind.
• Signature: The will must be signed by the testator or by someone else in the testator’s name in his presence, by his express direction.
• Witnesses: A Vermont will must be signed by at least two witnesses, who should not also be beneficiaries in the will, in the presence of the testator and of each other.
• Writing: A Vermont will must be in writing.
• Beneficiaries: A testator can leave property to anyone.

Other recognized wills in Vermont

Vermont recognizes nuncupative (oral) wills under certain circumstances.