What Do I Do When Someone Dies in Vermont?

State law sets the order of who has the legal right to decide burial, cremation, or other disposition. A written pre-need designation by the deceased, if one exists, controls. Confirm who holds this authority before arrangements are made. State law sets the order of who controls disposition of remains. Order: Individual appointed under chapter 231 (advance directives) of Title 18; then Surviving spouse; then Sole surviving child or majority of surviving children (minor's interest effected by Probate Court guardian); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.

Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types. Small estate affidavit available for estates under $45,000.

Submit the original will (if any) and petition to open probate. You will need to pay filing fees and may need to post a bond. Statewide form: 700-00001 (Petition to Open Decedent's Estate). File with the Vermont Superior Court, Probate Division. Filing fees vary by estate value. Typical duration: 9-15 months.

Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority. Certificate of Appointment are issued by the Probate Division of the Superior Court (court issues the appointment/letters after allowing the will or approving the petition). The state's title for the role is Executor (with a will) or Administrator (no will / not named). Typically filed with the petition: Entry fee (checks or money orders payable to Vermont Superior Court); Certified copy of the death certificate (plus a certified copy of the death certificate of any heir at law who predeceased the decedent, for the List of Interested Persons); List of Interested Persons for Estates (form 700-00002E); ORIGINAL Will and any codicils (if any); For an ancillary (out-of-state) estate: authenticated copy of the will and probate from the decedent’s primary estate; Consent of surviving spouse and all heirs at law (14 V.S.A. § 107(a)) — allows the will to be allowed without a hearing; otherwise the court schedules a hearing with notice; Notice of Appearance - Probate Division (form 700-00148); Certificate of Service - Probate (form 700-00008); If there is a surviving spouse: Notice of Rights of Surviving Spouse (form 700-00047) and Notice of Elections and/or Waivers by Surviving Spouse (form 700-00049), served with a Certificate of Service (700-00008); Estate Administration Bond (form 700-00020), filed before the court issues letters (14 V.S.A. § 906); surety may be waived on request via Waiver of Surety on Estate Administration Bond (form 700-00004), at the judge’s discretion; Appointment of Resident Agent (form 700-00026) if the fiduciary is a nonresident (14 V.S.A. § 904(b)).