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Vermont Last Will and Testament

Vermont Last Will and Testament

By 

Jennifer Mcgee

·

Updated on  

January 3, 2023
·

6 mins

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Nobody would want a stranger handling decisions like who would get their family house, inherit the estate, or be their children's guardian. All these decisions are personal and often depend on family dynamics and relationships. Nobody can understand them unless you handle it all yourself. You should work on your online last will and testament as soon as possible. You shouldn't leave it up to chance or think nothing will happen to you. It would only lead to problems and difficulties for your loved ones once you pass away. Make your Vermont last will and testament now to handle your estate distribution and planning.

All the states have varying requirements to make a valid and enforceable last will. If you live in Vermont, here's what you should follow.

Requirements for a Vermont Last Will and Testament 

  • Written will: A Vermont last will and testament must be on paper or a hard copy to be legal. It cannot be in audio, video, or other digital file forms. Vermont doesn't explicitly allow self-written or holographic wills.
  • Must be of at least 18 age 
  • Sound mind and memory: The testator for a Vermont last will must understand the will procedure, nature of their estate, and beneficiaries. For their last will to be valid, they must have a sound mind and memory.
  • Signed by the testator: The testator must sign a Vermont last will and testament before their two witnesses.
  • Signed by the witnesses: The testator must have at least two witnesses for a Vermont last will and testament. They must acknowledge and sign the will before the testator. 
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“Should have done this before, had made it up to be really hard in my head. This was super easy!”

Who can be your witnesses for a Vermont Last Will and Testament? 

Your witnesses for a Vermont last will must follow these conditions:

  • Vermont allows anyone competent to become a witness. 
  • They should be able to testify about what they saw and the will-making process.
  • It's better not to select beneficiaries as witnesses as they could lose the estate portion or any gift you leave them.

Vermont rules for a personal representative or an executor 

Choosing an executor for your Vermont last will would be better than leaving it to uncertainty. However, an executor should follow these rules to be valid for the role:

  1. Must be at least 18 or above
  2. Capable of performing the executor's job, i.e., of a sound mind.
  3. Vermont doesn't restrict people convicted of a felony from being executors.
  4. Vermont allows you to choose someone out of state as your executor if they are approved by the court and select a state resident as their agent.

Last will and Testament Notarization in Vermont 

There's no need to notarize your Vermont last will and testament. However, you should add a self-proving affidavit to the last will to speed up the probate process. Here's how you can do that:

  • Find a notary public to make a self-proving affidavit for the will. 
  • You and the witnesses must go to the notary and sign the affidavit, stating who you are and that you know you're signing a will.
Vermont Last Will and Testament

Vermont Last Will Revocation 

You could follow any of the following methods to revoke your Vermont last will and testament:

  • Destroy your Vermont last will and testament by tearing, burning, obliterating, and shredding.
  • Asking and instructing someone to destroy the last will before you and two witnesses 
  • Making a new legal will that revokes any part or the entire previous will.

What if you have more than one Vermont will?

If it's not clear whether your new Vermont will revoke the old one, the state will follow these rules:

  • It'll replace the old will if the new one has varying or contradictory terms to your previous Vermont will.
  • The probate court assumes you wanted to revoke the previous will if the new one disposes of your entire estate.
  • If the new will doesn't dispose of the entire estate, it would be treated as a supplement to the old Vermont will.

Vermont Last Will Amendment Rules 

If you wish to make some minor and simple changes to your Vermont last will, you can do it through a Codicil. It will allow you to introduce changes to your existing will and avoid revoking it.

However, you must follow the same guidelines to make a legal codicil as for an original will. If you want to make multiple amendments, it's better to make a new will that revokes the previous one.

Vermont rules for divorce after making your last will

  • Your Vermont last will won't be affected or revoked if you divorce after making the will. 
  • The provisions will stand unless you create a new will.
  • It means that your spouse would still get the estate portion or gifts you've mentioned even if you divorce them and don't create a new will.

What happens if you don't have a will in Vermont?

Case

What happens 

Has children, no spouse 

Children inherit everything 

Has parents, no children, no spouse 

Parents inherit everything 

Has a spouse, no children

Spouse inherits everything 

Has siblings, no parents, no children, no spouse 

Siblings inherit everything 

Has a spouse and children (Children you share with that spouse)

Spouse inherits everything 

Has a spouse and children (Children you share with someone else)

Spouse gets half of your estate. They can also take the ownership of all household goods through court. Some special rules allow them to take over a snowmobile, all-terrain vehicle, or vessel.


Your children inherit the balance  

Last Will and Testament Vermont Free Template

You can quickly create a simple estate plan by downloading a Last Will and Testament Vermont free template. It will be the best option if you don't have a large estate or complicated finances. You could check out the template and follow the necessary requirements to make your new Vermont last will and testament. Once you go through the details and follow the required steps:

  1. Connect on TrulyWill and create your account.
  2. Discuss any issues or complications about your finances and personal relationships with our attorneys.
  3. Sign or notarize the document, depending on your state requirements. 

This template and sample last will and testament would allow you to examine what your will would look like. You can change the will template depending on your personal preferences for estate distribution. 

Some instances where it would be prudent to consult our experts before finalizing your will would be when you have a high net worth or complicated family and personal relationships. We also provide additional services for those unique requests:

  • Online expert support: You can connect with our experts online and clear your doubts.
  • Attorney support: For some specific and unique requirements, we also offer additional attorney support services for your will and trust.

If you're facing any of these issues, it's essential to consult an expert before proceeding. They could personally help you out with any doubts and create a solid and legally enforceable Vermont last will and testament. 

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Frequently Asked Questions

What would happen if someone passes away without a will?

The state's intestacy laws will be followed if someone dies without a will. The interested parties, like the spouse or children, would have to go through a probate process to get their share in the estate.

Do I need a lawyer to make my last will and testament?

There's generally no need to get a lawyer to make your will. You could use an online platform and easily make it within minutes. Only some special cases, like complex family relations, may require you to consult an attorney.

What would it cost me to make a will?

Depending on your location and estate, the cost varies between $500 to $1000 if you hire a lawyer. However, you can use the TrulyWill platform to create a legal and valid will at a fraction of this price.

How should I store my will?

You should always store your last will and testament in a safe place, one which is accessible to your loved ones and doesn't pose any risk to the documents. It can be a safe locker or a safe in your home.

Can I leave or donate my estate to an organization or charity?

You can leave all your assets to a charity organization. The court would follow your wishes and provide the organization with everything. However, consult an attorney to avoid any problems.
Jennifer Mcgee
Parent to five young children. Expert in Estate Planning, Probate, and Family Law Matters. Volunteer with Victim’s Advocates in the local sheriff's department...
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