Vermont Probate Court
- Arrest Records
- Judgments
- Bankruptcies
- DUIs & DWIs
- Felonies
- Warrants
- Jail Records
- Lien Records
- Sex Offenses
- Misdemeanors
- Criminal Records
- Federal Dockets
StateCourts.org is not a consumer reporting agency as defined by the Fair Credit Reporting Act (FCRA), and does not assemble or evaluate information for the purpose of supplying consumer reports.
You understand that by clicking "I Agree" you consent to our Terms of Service and Privacy Policy and agree not to use information provided by StateCourts.org for any purpose under the FCRA, including to make determinations regarding an individual's eligibility for personal credit, insurance, employment, or for tenant screening.
This website contains information collected from public and private resources. StateCourts.org cannot confirm that information provided below is accurate or complete. Please use information provided by StateCourts.org responsibly.
You understand that by clicking "I Agree", StateCourts.org will conduct only a preliminary people search of the information you provide and that a search of any records will only be conducted and made available after you register for an account or purchase a report.
Table of Contents
Probate is the legal process of administering a deceased person's estate. In Vermont, the Probate Division of the Vermont Superior Court hears probate cases in all counties. This article explains the probate process in Vermont, including costs, types of cases, operations at the county level, and how to obtain probate records.
How the Probate Process Works in Vermont
Probate begins when a party files a petition in the Probate Division of the Superior Court located in the county where the deceased person lived. If the deceased left a will, the court will confirm it and appoint an executor. If the deceased does not leave a will, the court will assign an administrator. The executor has to inform heirs and creditors about the estate, create a list of assets, pay off debts and taxes, and distribute the property to the heirs.
Vermont allows both informal and formal probate. Informal probate is used for estates that are not contested, while formal probate is used for cases that are disputed or complicated and require more judicial supervision. Uncontested estates can take anywhere from six months to a year, while contested cases may take even longer.
What Are the Costs of Probate in Vermont?
In Vermont, probate costs are influenced by filing fees, attorney fees, executor pay, and administrative expenses. The filing fees usually fall between $50 and $150, with additional charges depending on the size of the estate. Executors can receive “reasonable compensation” as determined by the court. Attorney fees are mostly charged by the hour, but they can also be set as fixed rates. Other expenses include the publication of notices, appraisals, and certified copies.
Types of Probate Cases in Vermont
The Vermont probate system offers several types of proceedings, including the following:
- Testate Probate: Testate probate is used when the decedent left a valid will.
- Intestate Probate: Intestate probate allows the court to distribute property following the state's intestacy laws.
- Informal Probate: Informal probate is used for uncontested cases.
- Formal Probate: Formal probate is used for cases that are disputed or complicated and require more judicial supervision.
- Small Estate Affidavit: This process is ideal for estates valued under $45,000.
Vermont Probate Court Forms and Filing Instructions
You can access probate forms on the Vermont Judiciary website and at the probate divisions' offices in each county. Although the probate process is uniform across the state, filing procedures and requirements may vary slightly by county. As such, petitioners are advised to confirm requirements with the local probate clerk before filing.
How Vermont Probate Courts Work at the County Level
Probate cases are heard at the Probate Division of the Superior Court in all 14 counties of Vermont. Here are the ten counties with the highest populations and the probate courts serving them:
- Chittenden County (Burlington) – Chittenden County Probate Division manages the largest probate caseload annually and offers online resources and forms.
- Rutland County (Rutland) – Rutland County Probate Division hears a variety of probate related matters, including informal probate petitions.
- Washington County (Montpelier/Barre) – The Washington County Probate Division allows the public to file small estate filings for small estates without any dispute.
- Windsor County (Woodstock) – Provides different probate services at the county courthouse.
- Franklin County (St. Albans) – Provides support for informal probate applications through the clerk’s office.
- Bennington County (Bennington) – Bennington County Probate Division handles both intestate and testate probate.
- Windham County (Brattleboro) – Provides guidance on small estate affidavits.
- Addison County (Middlebury) – Probate filings managed by the Superior Court clerk.
- Orleans County (Newport) – Orleans County Probate Division provides several probate services, including formal and informal probate proceedings.
- Caledonia County (St. Johnsbury) – Provide different probate services, including estate inventories and creditor notices.
How to Search Probate Records in Vermont
Probate records are maintained by the Probate Division Clerk in every county. Many counties allow access to their probate records through the Vermont Judiciary’s online case search system, but some might need individuals to request them in person at the courthouse. Interested parties can get certified copies for a fee, but sealed or confidential cases cannot be accessed.