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State guide

Vermont

Estate law, probate process, and inheritance rules for Vermont — in plain language.

Probate timeline
6–12 months typical

$2,500–$4,500 on typical estates

Small-estate procedure
Under $45,000 personal property

Small-estate certificate 14 V.S.A. §1902

State taxes
Estate tax: Yes — $5M (2024)Inheritance tax: None

Rate: Flat 16% above threshold

Common-law state
Spousal rights in Vermont

Elective share: 1/3 of augmented estate (14 V.S.A. §319)

If there is no will (intestate succession)

Spouse + descendants all of marriage: spouse takes 100%. Other situations: graduated by relationship.

Executor / personal-rep requirements
  • Must be 18+ and of sound mind
  • May be required to post bond unless will waives it
  • Must file inventory of estate assets
  • Must give notice to creditors per statute
Key filing deadlines
  • Will filed within 30 days of death (14 V.S.A. §103)
  • Estate tax return: 9 months after death
  • Inventory: within 90 days of appointment
Common pitfalls in Vermont
  • VT estate tax 'cliff' over $5M
  • Out-of-state real estate triggers VT estate tax allocation issues
  • Outdated beneficiary designations override the will
  • Real estate in another state triggers ancillary probate
  • Joint tenancy with non-spouse can create unintended consequences
Recommended actions for Vermont residents
  • Trust planning for estates > $4M
  • Lifetime gifting strategy if approaching threshold
Statute references
  • Title 14 V.S.A. (Decedents Estates and Fiduciary Relations)
  • Title 32 §7402 (Estate Tax)

Statute references are for orientation only. Verify current text with your state legislature's website. Not legal advice — consult an attorney licensed in Vermont.

Important legal notice

Plan Your Passing is not a law firm. The information on this site is for general educational purposes only and does not constitute legal, financial, tax, medical, or professional advice. No attorney-client relationship is created by reading this site or using any tool on it. Estate, probate, tax, and inheritance laws differ by country, state, province, county, and individual circumstance, and they change over time. You are solely responsible for confirming the laws that apply to you. Always consult a licensed attorney in your jurisdiction before making any legal, financial, or tax decision regarding wills, trusts, beneficiaries, probate, real estate transfers, gifts, or end-of-life directives. The author, operators, and affiliates of this site disclaim all liability for actions taken or not taken based on its contents.

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