How Do I Avoid Probate in Vermont?

Vermont has no general statute making a payable-at-death provision in a written instrument nontestamentary14 V.S.A.; 14A V.S.A.; 8 V.S.A.; 9 V.S.A. chs. 68, 72, 131, 134, 147 and 150; 9A V.S.A. art. 8; 27 V.S.A. chs. 1, 5 and 6Verified Nov 1, 2026View source. A policy with no beneficiary, or one payable to the estate, is part of the probate estate.

An employer plan is governed by federal law: An employer retirement plan pays its death benefit to the beneficiary named in the plan's records, and federal law displaces a state rule that would redirect it. A married participant's spouse is the beneficiary unless the spouse consented in writing to another29 U.S.C. § 1144(a)Verified Nov 1, 2026View source. A retirement account with no beneficiary named is part of the probate estate.

Survivorship title in Vermont: In Vermont a deed to two or more people creates a tenancy in common unless its grant or habendum clause says they take jointly, as joint tenants, in joint tenancy, or to them and the survivors of them; that requirement does not apply to a conveyance to spouses. Married couples and civil union partners may hold land as tenants by the entirety, which carries the same right of survivorship as a joint tenancy18 V.S.A. § 5016(c)(2); 27 V.S.A. § 2Verified Oct 26, 2026View source. In Vermont, no statute authorizes a transfer on death deed. A home in the owner's name alone, with no survivor, deed beneficiary or trust, is part of the probate estate.

Vermont titles a vehicle with a transfer on death designation23 V.S.A. § 2023(f)Verified Oct 21, 2026View source: the vehicle passes to the named beneficiary at the owner's death without probate. The form is Transfer on Death (Form VT-007)23 V.S.A. § 2023(f)View source. A vehicle in the owner's name alone is part of the probate estate.