What Families Need to Know After a Death in Vermont

Vermont has a relatively accessible probate system compared to many states. Its simplified voluntary administration process can spare smaller estates from full court proceedings entirely, and its $45,000 threshold is low enough that most families will at least consider it. But Vermont also has rules that catch people off guard: holographic wills are flatly invalid, the elective share deadline is real, and Medicaid estate recovery claims require advance notice before you distribute a single dollar. This guide covers the seven areas where Vermont estate law most affects what you need to do after a death — including a section on transfer-on-death deeds, which Vermont recognized in 2011 and which many families overlook as a planning tool.

Probate
Probate & Small Estate Rules in Vermont

Vermont probate is filed in the Probate Division of the Superior Court for the county where the deceased lived. Vermont divides its probate proceedings into full administration and a simplified "voluntary administration" track — a meaningful distinction that determines how much time and expense the process requires.

Voluntary administration (simplified probate) is available for estates with $45,000 or less in personal property, under 14 VSA § 1902. Under this process, a successor can file a simplified petition with the court rather than opening a full probate estate. This option is faster and far less expensive for qualifying families. However, real property is not covered — any estate that includes real estate must go through full probate regardless of value.

Full probate is required when the estate exceeds $45,000 in personal property or includes real estate. Vermont's creditor notification period runs four months from the date of first publication of the Notice to Creditors. Vermont has no state estate tax, so federal estate tax thresholds apply. A typical Vermont probate takes 6–15 months from filing to close, depending on estate complexity and court scheduling.

Assets that pass outside the probate estate — including accounts with designated beneficiaries, jointly held property with right of survivorship, and assets held in a revocable living trust — are not subject to the probate process regardless of value.

Vermont probate court filing fees

The Vermont Probate Division charges filing fees based on estate size. As of 2024, the fee to open a formal probate estate is $275. Voluntary administration petitions carry a lower filing fee. Beyond the court fee, executor and attorney compensation are separate costs. Attorney fees for a straightforward Vermont probate estate typically run $2,000–$5,000 for simple cases, though complexity, contested matters, or real estate sales will push that higher. The court does not cap attorney fees — reasonable compensation is the standard, and courts can review fees if a beneficiary objects.

Wills
Will Requirements in Vermont

A valid Vermont will requires the signature of the testator plus two adult witnesses under 14 VSA § 5. Both witnesses must sign in the testator's presence. Notarization is not required for a witnessed will to be valid in Vermont, though a self-proving affidavit — signed before a notary — can streamline the probate process by eliminating the need to locate and question witnesses after death.

One of Vermont's most important will rules: Vermont does not recognize holographic wills. A holographic will is a will written entirely in the testator's own handwriting without witnesses. While many states accept these, Vermont does not. If a handwritten document lacks two witnesses, it is not a valid will in Vermont — even if the testator's intent is perfectly clear. The estate will be treated as if the person died without a will (intestate).

If you find a handwritten document that appears to be a will, do not discard it. Present it to the Probate Division. However, absent two witnessed signatures, the court will not admit it to probate.

When someone dies without a valid will in Vermont, the estate is distributed under the intestate succession rules of 14 VSA § 311. These rules prioritize spouses and descendants, then parents and siblings, following a defined statutory order.

Advance Directive
Vermont Advance Directive for Health Care

Vermont uses a combined Advance Directive for Health Care under 18 VSA § 9700 et seq. This single document covers both the appointment of a healthcare agent (the person who makes decisions if you cannot) and your treatment preferences (including end-of-life care instructions). Having both functions in one document reduces the risk of conflicting directives.

To be valid, the Vermont Advance Directive must be signed by the principal and either two witnesses or a notary public. Witnesses cannot be the person you named as your healthcare agent. This is a common oversight — designating a family member as agent and then asking them to serve as a witness invalidates their witness signature.

Vermont also uses POLST (Physician Orders for Life-Sustaining Treatment) orders, which are separate physician-signed medical orders governing immediate treatment decisions. A POLST and an Advance Directive can coexist. The POLST governs acute care decisions; the Advance Directive governs longer-term healthcare choices and names the agent.

If you are settling an estate and the deceased had an Advance Directive on file, hospitals and care facilities were required to honor it during life. The agent's authority under the directive ends at death. At that point, decisions about the deceased's care, remains, and estate shift to other legal frameworks.

Spousal Rights
Spousal Rights at Death in Vermont

Vermont is not a community property state. Property acquired during marriage is generally titled in the name of the person who acquired it, rather than being jointly owned by operation of law. This means a spouse does not automatically own half of everything — but Vermont law does protect surviving spouses in several important ways.

Intestate succession (14 VSA § 311): If the deceased left a spouse and descendants, the surviving spouse receives the first $100,000 of the estate plus one-half of the remainder. Descendants share the rest. If the deceased left a spouse but no descendants, the surviving spouse inherits the entire estate.

Elective share: A surviving spouse who is unhappy with what the will provides can elect to take one-third of the augmented estate under 14 VSA § 401 et seq. The augmented estate includes not only probate assets but also certain transfers the deceased made during life. This right must be exercised within the statutory deadline after the decedent's death — it is not automatic.

Vermont also provides a homestead exemption and a family allowance for surviving spouses and dependents. The family allowance is a court-ordered payment from the estate to cover living expenses during administration. These protections exist separately from what the will provides.

Vehicle Transfer
Transferring a Vehicle After Death in Vermont

The Vermont Department of Motor Vehicles (DMV) handles vehicle title transfers after death. How a vehicle transfers depends on how the estate is being handled and how the vehicle was titled.

For estates that qualify for simplified administration (under $45,000 in personal property), the vehicle can be included in that process. A qualifying successor can use the voluntary administration petition to establish authority over personal property — including the vehicle — without a full probate proceeding.

For larger estates going through full probate, the executor will need Letters Testamentary (or Letters of Administration for intestate estates) from the Probate Division before the DMV will transfer title. The executor presents those letters along with the original title and a certified copy of the death certificate to complete the transfer. Vermont requires a Vermont Bill of Sale form even in estate transfers, along with a completed odometer disclosure for vehicles under ten years old.

If the vehicle was titled with joint survivorship — meaning the title lists two owners with "or" survivorship language — it passes to the surviving co-owner with a death certificate alone. No probate or court involvement is required. The survivor brings the original title and death certificate to a DMV office to obtain a new title in their name alone.

Vehicles held in a revocable living trust transfer directly to the successor trustee without court involvement — one of the practical reasons Vermont families use trusts for titled assets. The successor trustee presents the trust document and death certificate to the DMV.

Vermont does not impose a separate inheritance tax on vehicle transfers, and sales tax does not apply to transfers within an estate or to a family member in direct inheritance. Contact the Vermont DMV or review dmv.vermont.gov/titles-and-registration/title-changes for current form requirements before visiting an office.

TOD Deeds
Transfer-on-Death Deeds in Vermont

Vermont recognizes transfer-on-death (TOD) deeds for real estate under 27 VSA § 451 et seq., adopted through Act 114 in 2011. A TOD deed — sometimes called a beneficiary deed — allows a property owner to name one or more beneficiaries who will inherit the real estate directly at death, bypassing the probate process entirely.

How a Vermont TOD deed works

The owner signs and records a TOD deed while alive, naming who the property should pass to at death. Unlike a deed that transfers ownership immediately, the TOD deed has no legal effect during the owner's lifetime. The beneficiary receives no ownership interest until the owner dies — the owner can sell, mortgage, refinance, or revoke the TOD deed at any time without the beneficiary's consent.

At death, the named beneficiary records a simple affidavit of survivorship and a certified death certificate with the town land records office. No court involvement and no probate proceeding are required. The transfer is complete once the affidavit is recorded.

Key rules for Vermont TOD deeds

• The deed must be recorded in the land records of the town where the property is located before the owner's death. An unrecorded TOD deed has no effect.
• The owner can name alternate beneficiaries in case the primary beneficiary predeceases the owner.
• The TOD deed can be revoked at any time by recording a new deed or a revocation document in the same land records office.
• If two owners hold the property as joint tenants with right of survivorship, the TOD deed only takes effect when the last surviving owner dies.
• The property may still be subject to estate creditor claims — a TOD deed transfers the asset to the beneficiary, but does not necessarily shield it from creditors of the estate. Vermont law allows claims against TOD property in certain circumstances.

TOD deeds vs. living trusts

Both a TOD deed and a revocable living trust can transfer Vermont real estate at death without probate. A TOD deed is simpler and cheaper to create — it is just a recorded deed. A living trust is more flexible: it can hold multiple assets of different types, name successor trustees to manage property if you become incapacitated, and provide more detailed instructions for distribution. For a single piece of real estate with straightforward heirs, a TOD deed is often the more practical choice. For larger or more complex estates, a trust does more.

Medicaid Recovery
Medicaid Estate Recovery in Vermont

Vermont Medicaid — administered by the Department of Vermont Health Access (DVHA) under the Green Mountain Care program — has the right to seek reimbursement from a deceased beneficiary's estate for long-term care costs paid after age 55. This applies to nursing home care, home- and community-based waiver services, and related long-term services.

Vermont's recovery is limited to the probate estate. Assets that pass outside probate — such as jointly held property with survivorship rights, accounts with beneficiary designations, assets held in a living trust, or real estate transferred via a properly recorded TOD deed — are not subject to DVHA recovery claims. This makes non-probate transfers a meaningful planning tool for Vermont families with a member receiving Medicaid long-term care.

Recovery is waived in the following circumstances:

• A surviving spouse is still living.
• A minor child (under 21) is still living.
• A blind or permanently disabled child of any age is still living.

If none of these conditions apply, DVHA will file a claim against the probate estate. You must notify DVHA before distributing estate assets — distributing without notification can create personal liability for the executor or administrator. DVHA typically responds with a claim amount within a few weeks; that amount is treated as a creditor claim and paid in the priority order Vermont law establishes before any distributions to heirs.

To begin the process, contact DVHA's Estate Recovery Unit. They will provide a statement of benefits paid on behalf of the deceased. If you believe the recovery claim is incorrect or that a hardship waiver applies, DVHA has an appeal process — consult a Vermont attorney before the deadline.

Frequently Asked Questions About Vermont Estate Law

What is Vermont's small estate threshold?

Vermont's voluntary (simplified) administration is available for estates with $45,000 or less in personal property under 14 VSA § 1902. Real property is not covered by this simplified track — any estate that includes real estate requires full probate regardless of the total value.

Are holographic wills valid in Vermont?

No. Vermont does not recognize holographic wills. A valid Vermont will must be signed by the testator in front of two adult witnesses, who also sign. A handwritten will without two witnesses has no legal force in Vermont. The estate will be distributed under intestate succession rules as if no will existed.

What is a surviving spouse's elective share in Vermont?

Under 14 VSA § 401 et seq., a surviving spouse can elect to receive one-third of the augmented estate, regardless of what the will provides. The augmented estate includes probate assets and certain lifetime transfers made by the deceased. The elective share must be claimed within the statutory deadline — consult a Vermont attorney if this applies to your situation.

How does Vermont's simplified probate (voluntary administration) work?

Vermont's voluntary administration process under 14 VSA § 1902 allows a successor to file a simplified petition with the Probate Division of the Superior Court for qualifying estates. The threshold is $45,000 in personal property. This avoids full formal probate, is typically faster, and costs less. Real property cannot be transferred through this process.

Does Vermont have Medicaid estate recovery?

Yes. Vermont DVHA (Green Mountain Care) recovers long-term care costs paid after age 55 from the deceased's probate estate. Recovery is waived while a surviving spouse, minor child, or blind or permanently disabled child is living. Notify DVHA before distributing any estate assets.

What does Vermont intestate succession look like for a surviving spouse?

Under 14 VSA § 311, if the deceased left a spouse and descendants, the spouse receives the first $100,000 plus one-half of the remainder; descendants share the rest. If there are no descendants, the surviving spouse inherits the entire estate.

Does Vermont recognize transfer-on-death deeds for real estate?

Yes. Vermont recognizes TOD deeds under 27 VSA § 451 et seq. A TOD deed transfers real estate directly to a named beneficiary at death, bypassing probate. The deed must be recorded in the town land records before the owner's death to be effective. The owner can revoke the deed at any time while alive, and the beneficiary has no ownership interest until death occurs.