How Do I File Probate in Windham County, Vermont?
A step-by-step guide to filing at the Superior Court - Probate Division—what documents you'll need, where to go, and what happens after you file.
If you're handling probate yourself in Windham County, Vermont, you can file at the Superior Court - Probate Division in person or by mail. E-filing is mandatory for attorneys but families filing without one are exempt and can use paper forms.
Your Filing Options
How to File Your Documents
Paper Filing Available
You can file your probate documents in person or by mail. While attorneys are required to e-file in Windham County, families handling probate themselves are exempt and can file on paper.
E-Filing Also Available
If you prefer, you can file electronically through the state's online system. This is optional for families filing without an attorney.
View E-Filing InformationCan You File Without an Attorney?
Not every estate requires an attorney. Factors like estate size, asset types, and whether beneficiaries agree can determine if self-filing at the Superior Court - Probate Division is realistic for your situation. Windham County has a self-help center that assists people filing without an attorney.
For a detailed cost comparison and filing checklist, see the full Windham County Self-Filing Assessment.
Windham County Filing Requirements
These are specific requirements for filing probate in this county. Following these guidelines will help avoid delays or rejected filings.
Before You File
Inventory due within 30 days of appointment
Within 30 days after appointment as Fiduciary, you must file an Inventory listing all decedent assets. May be extended to 90 days with court approval per Probate Rule 66a.
Notice to Creditors publication required within 30 days
Within 30 days of appointment, must publish Notice to Creditors once in a newspaper circulating in the community where decedent resided.
E-filed PDFs must be flattened
Before e-Filing a fillable PDF through eFile & Serve (eFileVT), you must "flatten" the file. See e-Filing section of Filing Procedures web page for instructions.
Service Requirements
Service by restricted certified mail with return receipt
Notice and petition shall be served by restricted certified mail with return receipt requested, sufficiently in advance to satisfy Rule 12(a) requirements.
In-Person Filing
The Superior Court - Probate Division is located at 30 Putney Road, 2nd Floor, Brattleboro, VT 05301. Phone: 802-257-2800. Hours: Monday - Friday, 8:00 AM - 4:30 PM.
What to Bring
To file at the Superior Court - Probate Division you need: the original will (or proof there isn't one), a certified death certificate, contact information for all heirs and beneficiaries, and a summary of what the estate owns and owes.
Court Resources
The Superior Court - Probate Division runs a self-help center for filers without attorneys. Call 802-879-1185. Staff can review paperwork for completeness and explain procedures, though they can't give legal advice on a specific case.
Additional resources, forms, and fee schedules are available on the Superior Court - Probate Division website.
Frequently Asked Questions
You open probate by filing a petition with the Superior Court - Probate Division in Windham County, attaching the original will (if any), the death certificate, and the filing fee (about $500). Once the court issues letters, the personal representative can act.
At minimum: petition for probate, application for letters testamentary or of administration, notice to heirs, and an oath for the personal representative. Windham County uses the standard Vermont probate forms — the court's website lists the current versions.
Vermont permits self-representation, but formal probate procedures make it impractical for most families. The Superior Court - Probate Division staff can accept filings but cannot give legal advice. Check the Vermont self-filing assessment before deciding.
Yes. The Superior Court - Probate Division in Windham County accepts e-filing through the state portal. In-person filing at the courthouse is still available for those without digital access.
Assets stay locked, creditors can still pursue them, and beneficiaries cannot sell real property or close accounts. After a few years, interested parties can petition to open probate themselves. Waiting rarely helps. Families who set up a revocable living trust ahead of time bypass this problem entirely.
Superior Court - Probate Division
Windham County
30 Putney Road, 2nd Floor
Brattleboro, VT 05301
Phone:
802-257-2800Email:
WindhamUnit@vtcourts.govHours:
Monday - Friday, 8:00 AM - 4:30 PM
Paper Filing Available
E-Filing Optional
Notify Banks & Financial Institutions
Each institution has a separate death claim process. Find yours below.
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