Letters testamentary · Vermont

Letters testamentary in Vermont

How to be appointed executor in Vermont, what the Probate Division needs, and what letters cost.

In Vermont, letters testamentary are issued by the Probate Division after a petition is filed with the original will, a certified death certificate, and a filing fee of about $250. Most petitions clear in 2 to 8 weeks. Banks, brokerages, the IRS, and the DMV all require an original certified copy.

Quick facts

Letters testamentary facts for Vermont
CourtProbate Division
Statute14 V.S.A. § 1902
Typical filing fee$250
Typical timeline2 to 8 weeks

Fees and timelines vary by county. Confirm with the Probate Division before filing.

Step by step

  1. Locate the original will

    Vermont requires the original will to issue letters. Search the home safe, attorney files, and the county clerk in case the will was deposited during the testator's lifetime.

  2. File at the Probate Division

    Submit the will, a certified death certificate, and a petition for probate at the Probate Division in the county where your relative lived.

  3. Pay the filing fee

    Vermont filing fees run about $250, varying by county and estate size. Fee waivers are available for low-income petitioners in most counties.

  4. Attend the appointment hearing

    Most appointments are uncontested and handled in a short hearing or by paper review. The court confirms the will and your authority as executor.

  5. Order certified letters

    Once issued, order five to ten certified copies. Each bank, brokerage, and the IRS will ask for an original copy.

  6. Open the estate bank account

    Take a certified copy and the estate's EIN to the bank to open an account in the estate's name. Use that account for all estate income and expenses.

Common questions

Where do I file in Vermont?

File at the Probate Division in the county where the deceased lived at death, under 14 V.S.A. § 1902.

How long does it take?

Vermont typically issues letters within 2 to 8 weeks of filing, depending on the court's calendar and whether the petition is contested.

What does it cost?

Filing fees in Vermont run about $250. Additional costs include certified copies (about $5 to $25 each), publication of notice, and any bond the court orders.

Do I need a lawyer?

Vermont allows you to petition without an attorney, especially for simple estates. Contested petitions, business interests, and multi-state property usually benefit from counsel.

What if there is no will?

The court issues letters of administration instead of letters testamentary, and appoints an administrator under Vermont's intestate succession statute.