What Happens to Jointly Owned Property in Vermont When an Owner Dies?
When a joint owner dies in Vermont, what the survivor records is the “Noncertified copy of the death certificate18 V.S.A. § 5016(c)(2)Verified Oct 26, 2026View source”.
Vermont names the “Noncertified copy of the death certificate18 V.S.A. § 5016(c)(2)Verified Oct 26, 2026View source”. Vermont law names no affidavit for a surviving joint tenant or spouse. Title passes to the survivor at the death, and a noncertified copy of the death certificate may be recorded in the town land records to establish the date of death18 V.S.A. § 5016(c)(2)Verified Oct 26, 2026View source.
Attached when recorded: death certificate (a noncertified copy of a birth or death certificate)18 V.S.A. § 5016(c)(2)Verified Oct 26, 2026View source.
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, so a death affidavit on that basis does not arise.
Is this your situation?
Get a complete guide for your specific circumstances.
Loss of a Spouse
What a surviving spouse needs to do: death certificates, survivor benefits, whether probate is even required, and the tax election that expires.
Learn more
Death of a Parent
A step-by-step guide to what happens after a parent dies: the documents to find, the certificates to order, and whether probate is even required.
Learn more
New Home
How to put your house in a revocable trust: the deed you record, what it does to your mortgage and property taxes, and when a TOD deed is simpler.
Learn moreForms for Settling an Estate in Vermont
Free forms for settling an estate in Vermont: the probate petition, small estate affidavit, notice to creditors, inventory, and closing forms.
IRS Form 56
Notify the IRS that you are the fiduciary of an estate, a trust or a person, or end a notice filed before, on the official form.
Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
Petition for Probate and Letters
In Vermont, the petition asks the Vermont Superior Court, Probate Division to appoint the personal representative, whose authority is proved by Certificate of Appointment; every appointment goes through the court14 V.S.A. § 1851Verified Sep 9, 2026View source.
Notice to Creditors
In Vermont, the notice to creditors is published for 114 V.S.A. §§ 1201-1207Verified Oct 19, 2026View source weeks in a local newspaper, and creditors have 4 months14 V.S.A. § 1203Verified Sep 9, 2026View source from first publication to present claims.
Renunciation of Executor
In Vermont, a person named as executor may decline to servePE25, Executor's Refusal of Appointment (02/2015)Verified Sep 23, 2026View source before anyone is appointed.
Estate Inventory
In Vermont, the personal representative files the estate inventory within 60 days14 V.S.A. §§ 1051-1053Verified Sep 15, 2026View source of appointment.
Estate Closing
In Vermont, the personal representative is discharged by court order14 V.S.A. §§ 1721(a)(3), 1854; 32 V.S.A. § 7454(a)Verified Sep 15, 2026View source, and a final accounting is required unless it is waived.
Tools for Settling an Estate in Vermont
Free tools for settling an estate in Vermont: whether probate is needed, executor and trustee pay, creditor deadlines, and inheritance taxes.
How Many Death Certificates Do I Need?
In Vermont, certified death certificates come from the Vermont Department of Health - Vital Records OfficeVermont Department of Health - Vital Records OfficeVerified Oct 15, 2026View source; the first copy costs $10Vermont Department of Health - Vital Records OfficeVerified Oct 15, 2026View source.
Do I Need Probate?
In Vermont, estates with personal property of $45,00014 V.S.A. § 1901Verified Sep 9, 2026View source or less qualify for the Small Estate Administration14 V.S.A. § 1901Verified Sep 9, 2026View source, a court procedure short of full probate.
Do I Have to File Tax Returns for Someone Who Died?
Vermont requires a final state income tax return for the decedent alongside the federal Form 104032 V.S.A. § 5822Verified Sep 20, 2026View source; a federal estate tax return (Form 706) is required only for estates above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
How Do I Settle an Estate?
Settling an estate in Vermont: the personal representative files the estate inventory within 60 days14 V.S.A. §§ 1051-1053Verified Sep 15, 2026View source of appointment; creditors have 4 months14 V.S.A. §§ 1201-1207Verified Oct 19, 2026View source to present claims; a simple estate closes in 6 months to 9 months.
What Do I Do When Someone Dies?
After a death in Vermont, the estate either qualifies for the simplified procedure for estates under $45,00014 V.S.A. § 1901Verified Sep 9, 2026View source or goes through probate, where creditors have 4 months14 V.S.A. § 1203Verified Sep 9, 2026View source to file claims after notice.
How Much Are Estate & Inheritance Taxes?
Vermont levies an estate tax32 V.S.A. § 7442aVerified Sep 15, 2026View source above $5,000,00032 V.S.A. § 7442aVerified Sep 15, 2026View source (top rate 16%32 V.S.A. § 7442aVerified Sep 15, 2026View source) and no inheritance tax; the federal estate tax applies above $15,000,00026 USC 2001(c), 2010; P.L. 119-21 §70106Verified Sep 15, 2026View source.
What Taxes Apply to My Inheritance?
In Vermont, beneficiaries owe no inheritance tax and the estate pays any estate tax32 V.S.A. § 7442aVerified Sep 15, 2026View source above $5,000,00032 V.S.A. § 7442aVerified Sep 15, 2026View source; probate assets arrive when the estate closes, 6 months to 9 months for a simple estate.
Hire a Vermont Probate Attorney
Browse 57 probate firms in Vermont with addresses, contact info, and practice details.
Your kids shouldn't have to do this.
Vermont Estate Settlement Resources
In-depth guides covering Vermont probate, estate administration, and settling an estate.