Executor Checklist: Your Simple Guide to Vermont Probate

Being named as an executor for a loved one's will is a great honor, but it can also feel overwhelming. If you've been given this responsibility in Vermont, you might be wondering where to start. The good news is, there's a clear path forward, and it begins with a few easy, immediate steps.

This guide is designed to help you navigate the first phase of the probate process with confidence.

Understanding the Probate Process in Vermont

Probate is the legal process of settling a deceased person's estate—that is, paying their debts and giving their assets to the right people as outlined in their will. In Vermont, the type of probate process depends on the size and type of the estate.

If the estate's probate assets are worth more than $45,000 or if it includes any real property (like a home or land), it will likely go through a Formal Estate probate process. Don't worry, this just means there's a bit more paperwork and a few more official steps to follow. It's a standard, manageable process that we can guide you through.

Immediate Action Steps for the Executor

As an executor, your first priority is to get organized and secure the necessary documents and assets.

1. Handle Final Arrangements

If your loved one’s funeral or memorial services have not yet been arranged, you should handle these how they wanted. It’s a good idea to keep all receipts and records of payments, as the estate can pay you back for these costs later.

2. Obtain Certified Death Certificates

You'll need multiple certified copies of the death certificate for many official tasks, like closing bank accounts, transferring property, and notifying government agencies. The funeral home will often obtain death certificates for you, at least initially, while making arrangements. We generally recommend getting 10–12 copies just to be safe.

Each certified copy typically costs around $10.00. These costs are considered a standard estate expense, which means the estate will reimburse you. So, be sure to save all your receipts!

You can get these certificates from the Town or City Clerk where the person passed away or from the Vermont Department of Health.

3. Locate the Original Will

The original will is a crucial paper that tells you your loved one's final wishes. As the named executor, it's your job to find this document and file it with the court to begin the probate process.

It’s important to understand the difference between a copy and the original. A certified copy is just for your records; the original is what must be filed with the probate court.

If the will has already been filed with the court, the fastest way to get a certified copy is to visit the Probate Division of the Superior Court in the county where the person lived. For example, if they lived in Barre, you would go to the Washington County Superior Court. You should bring a photo ID and a certified copy of the death certificate. Certified copies usually cost around $5.00.

If the will hasn't been filed, you'll need to search elsewhere. The best place to start is often with the attorney who drafted the will. While an attorney's conversations with their client are private, as the executor, you have the authority to access the will. The attorney can give it to you if they have it or point you to where it might be.

If the will isn't with their attorney, check places where your loved one kept other important documents, like their birth certificate, passport, or deeds. While it's generally not recommended, a safety deposit box might also contain the original will. Once you find the original, you must file it with the court to begin the probate process.

Hopefully, your loved one planned ahead, and this step is relatively easy to complete!

4. Secure All Important Documents and Assets

Gathering all of your loved one's financial and legal documents is a vital step. Look for:

• Original trusts, deeds, and titles

• Life insurance policies

• Retirement account statements (e.g., IRAs, 401ks)

• Bank and investment statements

• Any other financial records

It is also your job as the executor to secure and protect all of the deceased's assets. This includes their home, vehicles, and valuables, to prevent any loss or damage while the estate is being settled.

5. Identify Non-Probate Assets

It’s important to understand that not all assets go through the probate process. These are called non-probate assets and they pass directly to a named beneficiary. These include:

• Assets held in a living trust.

• Bank accounts with a payable-on-death (POD) or investment accounts with a transfer-on-death (TOD) designation.

• Life insurance or retirement accounts with a named beneficiary.

• Property owned jointly with rights of survivorship.

6. Identify and Manage Debts

After you've secured the estate's assets, a crucial next step is to identify all of your loved one's debts and manage their ongoing expenses. The law requires the executor to find all creditors, which can include everything from credit card balances and car loans to utility bills and medical expenses.

As the executor, it's your job to make sure these debts and bills are handled. It's important to pay for necessary ongoing costs, such as mortgage payments, property taxes, electricity, and heat, to preserve the property's value. If an urgent payment is due before you have full access to the estate's funds, you can pay it yourself. Just be sure to keep meticulous records and receipts, as these costs can be reimbursed from the estate later as a legal expense.

Once the court has officially appointed you and you've moved assets into a new estate bank account, you can pay all other outstanding debts directly from those funds. It's vital that all of the estate's debts are paid before any assets are distributed to beneficiaries. The court will check your final accounting to make sure everything was handled correctly.

Doing It Yourself vs. Hiring a Professional

As the executor, you have the right to manage the entire probate process on your own. It’s certainly possible to do this, especially for smaller, more straightforward estates. However, it's also common—and often highly recommended—to hire a Vermont probate attorney to assist you.

If you live outside of Vermont, you'll need to appoint a resident agent to represent you in the state. An attorney can fill this role, or you can designate another Vermont resident.

The Role of a Probate Attorney

A probate attorney can be an invaluable resource, providing professional guidance and handling the legal heavy lifting. They will:

• Navigate the Legal System: Attorneys are experts in the specific rules and procedures of the Vermont court system. They can ensure all deadlines are met and all paperwork is filed correctly, preventing costly delays or errors.

• Save You Time and Stress: Settling an estate is a significant time commitment. An attorney can take on the administrative burden, freeing you up to focus on other matters during a difficult time.

• Manage Complexities: If the estate has a variety of assets, non-probate assets, or significant debt, an attorney's expertise is crucial for managing these details. They can also help mediate any disputes among beneficiaries.

It's important to remember that the attorney's fee for these services is considered an administration expense of the estate. This means the cost is paid directly from the estate's funds—not from your own personal bank account. This allows you to secure professional help without having to pay the expenses out of pocket.

Moving Forward

Once these initial steps are completed and we have a clear picture of the estate's assets and debts, you can formally begin the probate process with the court.

Remember, the goal of this initial phase is simply to gather information and secure assets. You don't have to navigate this alone. If you have any questions or would like to discuss this process, our team is here to help and can guide you every step of the way.