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Vermont Probate - Formal Opening Estate
Vermont
Automated Document Set for Vermont: Formal Opening of the Estate
Probate
Vermont Probate - Formal Opening EstateThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
When You Need This Form
The Petition to Open Decedent's Estate form is necessary to formally initiate the process of administering the decedent’s estate, whether or not a will exists. Assets of the estate need to be legally distributed according to the will or state law.
- Completion of this form is necessary when an individual who owns real or personal property dies.
- It is typically filed after obtaining the decedent’s death certificate.
- If there is a will, the original will and any codicils should be submitted.
- Use this form when not all interested parties have agreed on the executor.
Before filing the Petition to Open Decedent's Estate, you may need to gather certain documents such as the certified death certificate and any known will. Once you have these documents, filing this form allows for the appointment of an executor or administrator to manage and distribute the estate's assets. It effectively opens the estate's administration process in the probate court within the jurisdiction where the decedent resided.
- Complete the Form: Fill out the 700-00001 Petition to Open Decedent's Estate, including details about the decedent's real and personal estate, and the proposed executor or administrator.
- Gather Required Documents: Assemble all necessary attachments, such as the certified death certificate, List of Interested Persons (form 700-00002), and the original Will and any Codicils (if applicable).
- Submit to Probate Division: File the completed form and attachments with the Vermont Superior Court Probate Division in the county where the decedent resided.
- Pay the Filing Fee: Include the filing fee.
- Notify Interested Persons: Ensure that all heirs at law receive the petition. Obtain their consent or prepare for a court hearing if any heirs do not consent to the proposed executor/administrator.
Heirs' Agreement
It's crucial to obtain consent from all heirs when possible. If any heirs do not consent, a court hearing will be necessary, potentially prolonging the estate opening process.
Executor Eligibility
The person you propose as the executor should ideally be named in the Will. If there is no Will, or if you're proposing someone else, be prepared to explain your choice to the court.
Decedent's Details
Make sure the decedent's name and town/state of residence are filled in exactly as they appear on official documents to avoid delays in the process.
Submitting Will
If the decedent left a Last Will and Testament, ensure you submit the ORIGINAL copy along with any codicils. Copies are not accepted for the probate process.
Ancillary Estates
If you're dealing with an ancillary estate (when the primary estate is handled out-of-state), you'll need to include an authenticated copy of the Will and the probate documents from the decedent’s primary estate.
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1
Wait for the Vermont Superior Court to acknowledge the receipt of your filed Petition to Open Decedent’s Estate. You will receive a confirmation either by mail or email with further instructions.
2
Check if the court requires additional documentation or corrections to the submitted petition. Respond promptly to any such requests to avoid delays in the processing of the estate.
3
If you are the nominated Executor/Administrator and the court accepts your petition, anticipate receiving official documents of your appointment, authorizing you to administer the estate.
4
Prepare to attend a court hearing if the consent of all interested persons is not obtained, as the court may require a hearing to resolve any contests regarding the Will or the appointment of the Executor/Administrator.
5
Begin gathering and managing the assets of the estate as soon as your appointment as Executor/Administrator is confirmed, including notifying financial institutions and addressing debts owed by the estate.
