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.
Certified copies come from the Vermont Department of Health - Vital Records OfficeVermont Department of Health - Vital Records OfficeVerified Oct 15, 2026View source; the funeral home usually places the first order. Each certified copy costs $10Vermont Department of Health - Vital Records OfficeVerified Oct 15, 2026View source, and standard processing takes 5-7 business days for online ordersVermont Department of Health - Vital Records OfficeVerified Oct 15, 2026View source. Banks, insurers, government agencies and retirement plans each want a certified copy, so the first order is for several. The Vermont death certificate guide carries the ordering details.
Vermont sets an order for who controls the disposition of remains: surviving spouse, then sole surviving child or majority of surviving children, then sole surviving parent or both parents18 V.S.A. § 5227Verified Oct 17, 2026View source. The state allows you to name your own agent in advance18 V.S.A. § 9702(a)(18) (Advance Directives, Chapter 231)Verified Oct 17, 2026View source, and a written designation outranks the default order. The Vermont burial and cremation law guide carries the rest of the rules.
Only for what the decedent owned alone with no beneficiary named. Assets in a living trust, accounts with a named beneficiary and property owned jointly with right of survivorship pass outside probate. For the rest, Vermont allows estates with personal property of $45,00014 V.S.A. § 1901Verified Sep 9, 2026View source or less to use the Small Estate Administration14 V.S.A. § 1901Verified Sep 9, 2026View source, which avoids full probate administration. Vermont's small estate shortcut is a court procedure: the court's own order authorizes collection. There is no affidavit to present to a bank. There is no statutory waiting period.
Vermont uses Petition to Open Decedent's Estate (700-00001)14 V.S.A. §§ 902-906 (appointment of executors & administrators, letters, bond); §§ 902-903 (to whom letters issue); § 906 (bond) — § 901 repealed 1985Verified Aug 24, 2026View source, filed with the Vermont Superior Court, Probate Division14 V.S.A. §§ 902-906 (appointment of executors & administrators, letters, bond); §§ 902-903 (to whom letters issue); § 906 (bond) — § 901 repealed 1985Verified Aug 24, 2026View source. Probate Division of the Superior Court issues Certificate of Appointment after the court grants the petition. The Vermont Letters Testamentary guide carries the documents, the bond and the self-filing rules.
A simple estate in Vermont typically settles in 6 months to 9 months, and an average estate in 9 months to 15 months. The creditor claim period of 4 months14 V.S.A. § 1203Verified Sep 9, 2026View source is the floor: final distribution waits for it to run. Assets in a living trust settle privately, without the court's timeline.
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Free forms for settling an estate in Vermont: probate petition, small estate affidavit, creditor notice and closing forms. Prepare each form for Vermont.
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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.
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Digital Assets Recovery Letter
Prepare a letter requesting a deceased person's online accounts, points, and balances from the program that holds them.
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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.
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Notice to Creditors
In Vermont, the notice to creditors is published for 114 V.S.A. §§ 1201-1207Verified Oct 19, 2026View source week in a local newspaper, and creditors have 4 months14 V.S.A. § 1203Verified Sep 9, 2026View source from first publication to present claims.
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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.
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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.
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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.
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IRS Form 1310
Claim a refund due a deceased taxpayer on the official form, on the box the form routes you to, with what the form says to attach.
Free tools for settling an estate in Vermont: whether probate is needed, executor and trustee pay, creditor deadlines and taxes. Run each tool for Vermont.
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.
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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.
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What Happens to Jointly Owned Property 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”.
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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.
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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.
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.
Contact close family members who need to know. Coordinate funeral arrangements and gather contact information for extended family and friends.
Confirm who has authority over final arrangements
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.
Vermont: 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 (a minor child acts only through a guardian appointed by the Probate Division); then others in statutory order. A written pre-need designation by the deceased, if one exists, controls over this order.
Arrange burial, cremation, or other disposition
Work with a funeral home, crematory, or other provider to arrange disposition of the body. State rules govern cremation waiting periods, required authorizations, and burial or disposition permits. The funeral home typically provides certified death certificates and files the death certificate with vital records.
Vermont: Cremation has a 24-hour waiting period. Medical examiner authorization is required before cremation. A burial or disposition permit is required, issued by the municipal, county or deputy clerk where the body lies, a Vermont-licensed funeral director, a registered disposition-facility operator, or a law enforcement officer (§ 5201(a)). The death certificate must be filed within 1 day. The health care professional who last attended the death submits the medical portion to the State Registrar (18 V.S.A. § 5202); a medical examiner completes it for an unattended or unexplained death (§ 5205).
Request 10-15 certified copies from the funeral home or state vital records office. You will need these for banks, insurance companies, government agencies, and other institutions. Each institution typically requires an original certified copy.
Vermont: Order from Vermont Department of Health - Vital Records Office. Fee: $10/copy. Available: online, mail, in-person. Processing: 5-7 business days for online orders.
Change locks if necessary, ensure the home is secured, and safeguard valuable items. Review who has keys and whether security measures are needed.
Vermont: Homestead exemption up to $125,000. Surviving spouse has lifetime right to occupy. Minor children also protected.27 V.S.A. §§ 101, 105-106Verified Sep 15, 2026View source
Locate estate planning documents
Find the original will, trust documents, and any amendments. Check the home, safe deposit box, and contact any attorney the deceased worked with.
Determine if probate is necessary
Evaluate whether the estate qualifies for small estate procedures or if full probate is required based on asset values and types.
Vermont: Small estate affidavit available for estates under $45,000.14 V.S.A. § 1901 (small estate), § 1201 (notice to creditors), §§ 1202-1203 (limitations/creditor claims), § 1065 (fees), § 906 (bond), §§ 2101-2110 (probate bonds, Ch. 101), §§ 1851-1854 (waiver of administration, Ch. 80); 32 V.S.A. § 1434(a)(1)-(8) (formal estate filing fees) and § 1434(a)(30) (small estate $50 fee); V.R.P.P. 80.3 (small estate procedure); re-verified 2026-09-09 against legislature.vermont.gov (14 V.S.A. chs. 61, 63, 066, 080, 081, 101; 32 V.S.A. ch. 017) and vermontjudiciary.orgVerified Sep 9, 2026View source
Ensure mail is collected regularly to identify bills, accounts, and important correspondence. Forwarding mail to the executor/trustee is common practice.
Report the death to Social Security. The funeral home often does this, but verify it was done. Surviving spouse may be eligible for benefits.
Federal: Timing: Application for the lump-sum death payment: within 2 years of the date of death. Proof of support for a dependent parent's benefit: within 2 years of the worker's death. The funeral home reports the death.
Cancel Medicare coverage and return the Medicare card. If on Medicaid, notify the state agency to avoid benefit continuation.
Vermont: Medicare: Repayment of a Medicare Secondary Payer demand against the estate: within 60 calendar days of the demand; interest is assessed from the date the demand letter was mailed. Claim for services furnished before death: within 12 months of the date of service. If the deceased received Medicaid, Vermont's estate recovery program (Department of Vermont Health Access, Estate Recovery) may file a claim against the estate for benefits paid. Exemptions and hardship waivers are state-specific.
If the deceased was a veteran, notify the VA to stop benefits and inquire about burial benefits and survivor benefits.
Federal: Timing: DIC or death pension application, for an award effective from the month of death: within 1 year of the date of death; Payments start from the filing date instead of the first day of the month of death.. Claim for accrued benefits: within 1 year of the beneficiary's death. Claim for lump-sum accrued benefits withheld from a competent veteran during hospital, institutional or home care: within 5 years of the beneficiary's death. Request to be substituted into the veteran's pending claim or appeal: within 1 year of the date of death. Burial allowance claim for a death that was not service connected: within 2 years of the veteran's burial. Burial allowance claim where VA upgraded the discharge from dishonorable after death: within 2 years of the upgrade.
Contact life insurance companies to file claims. Also notify health, auto, and homeowner insurance to update or cancel policies.
Vermont: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.
Place a deceased alert or credit freeze with Equifax, Experian, and TransUnion to prevent identity theft. Over 2 million deceased identities are stolen annually.
Locate deeds, mortgage statements, property tax bills, and homeowner insurance policies for all real property. Check the county recorder for any recorded Transfer on Death deeds.
Vermont: Homestead exemption up to $125,000. Surviving spouse has lifetime right to occupy. Minor children also protected.27 V.S.A. §§ 101, 105-106Verified Sep 15, 2026View source
Whoever holds the original will hands it to the probate court, or to the executor it names, within the period state law sets. The will becomes part of the court record whether or not probate is opened.
Obtain an EIN for the estate
Apply for an Employer Identification Number (EIN) from the IRS. The estate needs its own tax ID to open bank accounts and file tax returns.
Once appointed by the court, obtain letters testamentary (with will) or letters of administration (without will). These prove your authority.
Vermont: 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)).14 V.S.A. §§ 902-906 (appointment of executors & administrators, letters, bond); §§ 902-903 (to whom letters issue); § 906 (bond) — § 901 repealed 1985Verified Aug 24, 2026
If the court requires a bond, obtain a surety bond from an insurance company. The bond protects beneficiaries from executor misconduct.
Vermont: Bond required. Typical premium: 0.5% of estate value. Beneficiaries may waive bond in writing (14 V.S.A. § 906 (bond; court sets amount and may order sureties; filed before letters issue); § 1852(c) (waiver of administration waives/discharges the bond); small estate: § 1901(a)(7) (bond without surety in the amount of the fair market value of the estate — form 700-00020PESM)).14 V.S.A. § 906; 14 V.S.A. §§ 2101-2110Verified Sep 9, 2026View source
Open an estate bank account
Open a dedicated checking account for the estate using the EIN and letters testamentary. All estate income and expenses flow through this account.
Consider hiring a probate attorney
For complex estates or if unfamiliar with probate, hiring an attorney is common. Many states allow statutory attorney fees.
Vermont: Attorney fees typically 1.7-2.7% of estate.14 V.S.A. § 1065 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source
Publish a notice in a local newspaper to alert potential creditors. This starts the creditor claim period running.
Vermont: Vermont requires publication for 1 consecutive week. Typical cost: $100. The executor places the notice with the newspaper directly. Creditors have 4 months from first publication to file claims. Proof of publication must be filed with the court.14 V.S.A. §§ 1201-1207Verified Oct 19, 2026View source
Identify email accounts, social media, online banking, cryptocurrency, and other digital assets. Note any password managers used.
Vermont: Vermont has adopted digital asset access laws (2017). User authorization or court order may be required to access accounts. Online tool authorizations (like Google Inactive Account Manager) are valid.14 V.S.A. Chapter 125Verified Sep 15, 2026View source
Search the state unclaimed property database for forgotten bank accounts, uncashed checks, insurance proceeds, and refunds owed to the deceased. Estates frequently recover assets the deceased never tracked.
Vermont: Search Vermont State Treasurer, Unclaimed Property Division for forgotten accounts, refunds, and uncashed checks owed to the deceased.
Maintain property, continue paying mortgage and taxes, arrange for property management if needed, and prepare for sale or transfer.
Vermont: Property owned in other states may require ancillary probate in those states. Small estate exception may apply for property under $45,000. State recognizes out-of-state personal representatives.14 V.S.A. §§ 113-115Verified Sep 15, 2026View source
Contact retirement account custodians about beneficiary claims. IRAs and 401(k)s typically pass by beneficiary designation, not through the estate.
Vermont: Divorce does not automatically revoke beneficiary designations — a former spouse named on a policy or account may still be the legal beneficiary.
Prepare and file an inventory of all estate assets with their values. The filing deadline runs from your appointment as personal representative and is set by state law.
Inventory due 60 days after appointment as personal representative14 V.S.A. §§ 1051-1053Verified Sep 15, 2026View source
Vermont: Inventory due within 60 days of appointment. You set the fair-market values yourself; no independent appraiser is required. Supplemental inventory required for assets discovered after the initial filing.14 V.S.A. §§ 1051-1053Verified Sep 15, 2026View source
Review claims submitted by creditors. Reject invalid claims and pay valid debts from estate/trust assets.
Vermont: After a claim is rejected, the creditor has 60 days to sue on it. If the estate cannot pay every claim, payment order: Costs and expenses of administration; then Funeral, burial, headstone, and perpetual care expenses (capped at $3,800 exclusive of governmental payments) and reasonable and necessary medical/hospital expenses of the last illness; then Wages earned within 3 months of death (capped at $300 per claimant); then remaining claims in statutory order.14 V.S.A. §§ 1201-1207Verified Oct 19, 2026View source
Transfer ownership of vehicles to beneficiaries or the estate. Contact the state DMV with a death certificate and title documents.
Vermont: Vermont titles can carry a Transfer on death (TOD) designated transferee (23 V.S.A. § 2023(f)). Check the title for a TOD or beneficiary designation — a designated vehicle passes directly to the named beneficiary outside probate. Titles are processed by the Vermont Department of Motor Vehicles (Agency of Transportation).
File a final IRS Form 1040 for the deceased covering January 1 through date of death. Write "DECEASED," the decedent's name, and the date of death across the top of the return. If filing jointly with a surviving spouse, include both incomes. Attach Form 1310 to claim a refund, unless you are the surviving spouse filing a joint return or a court-appointed personal representative attaching a copy of the court certificate to the original return.
IRS Form 1040 due April 15 following year of death26 USC 6012(b)(1)
Vermont: File IN-111 (Vermont Income Tax Return) for January 1 through date of death. Due April 15 following year of death. File IN-111 for income earned January 1 through date of death; check the deceased-taxpayer box for the taxpayer or spouse/civil union partner who died during the year. Rates: 3.35%–8.75% (top rate at $256,300 single, TY2026 Schedule X).32 V.S.A. §§ 5822, 5861, 7402(14)(C), 7442a, 7444, 7446, 7454Verified Sep 10, 2026View source
If the estate or trust earns income during administration ($600 in gross income), file IRS Form 1041. Required if estate gross income is $600 or more, or if any beneficiary is a nonresident alien. The estate can choose a fiscal year. Use Form 7004 for an automatic 5.5-month extension of time to file.
Vermont: File FIT-161 (Vermont Fiduciary Return of Income) for estate/trust income. Required when Required if the estate must file federal Form 1041 AND has more than $100 of Vermont income or $1,000+ gross income from Vermont-source categories — 32 V.S.A. § 5861; FIT-161 instructions (tax.vermont.gov). Due 15th day of the 4th month after close of tax year. Same marginal rates as the individual income tax (3.35%–8.75%) but compressed fiduciary brackets — TY2025: 8.75% applies above $11,900 of taxable income (Form FIT-161 (2025) Tax Schedule). File for each year the estate earns income (e.g., rental income, IRA distributions during administration).32 V.S.A. §§ 5822, 5861, 7402(14)(C), 7442a, 7444, 7446, 7454Verified Sep 10, 2026View source
For estates exceeding the federal exemption ($15,000,000), IRS Form 706 is required. Some states have lower thresholds. File Form 4768 for an automatic 6-month extension of time to file. The estate and GST tax is still due within 9 months of death; an extension of time to pay must be requested separately on the same form. Form 706 may also be filed to elect portability of the unused exemption to a surviving spouse.
IRS Form 706 due 9 months after date of death (6-month extension available) if required; Vermont EST-191 (Vermont Estate Tax Return — Resident and Nonresident) due 9 months after date of death (32 V.S.A. § 7446; EST-191 instructions)32 V.S.A. §§ 5822, 5861, 7402(14)(C), 7442a, 7444, 7446, 7454Verified Sep 10, 2026
Vermont: Has STATE ESTATE TAX with $5,000,000 exemption. File EST-191 (Vermont Estate Tax Return — Resident and Nonresident), due 9 months after date of death (32 V.S.A. § 7446; EST-191 instructions).32 V.S.A. § 7442aVerified Sep 15, 2026View source
Some states require tax clearance or closing letters before final distribution. Distributing without clearance can create personal liability for the executor or trustee.
Vermont: Tax clearance IS REQUIRED before final distribution. Vermont requires a tax clearance before an estate is closed. Form: E-2A (Vermont Estate Tax Information and Application for Tax Clearances).32 V.S.A. §§ 5822, 5861, 7402(14)(C), 7442a, 7444, 7446, 7454Verified Sep 10, 2026View source
An executor or personal representative is entitled to compensation for administering the estate. Some states set commissions by statute; others allow reasonable compensation. Decide whether to take a commission and document the basis before final distribution.
Vermont: Executor compensation must be reasonable (no fixed statutory schedule). States that do set a schedule pay 2.2%–3.8% of an estate this size. Commissions are taxable income to the executor and are usually waived when the executor is also the main beneficiary.14 V.S.A. § 1065 (reasonable compensation; no statutory percentage)Verified Sep 9, 2026View source
Keep copies of all documents, accountings, receipts, and tax returns. Most professionals recommend keeping records for 7-10 years.
General information about settling an estate, not legal advice. Requirements vary by state and circumstance. Consult a licensed attorney for legal questions. Data verified Sep 15, 2026
