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700-00412 Guidance: Instructions for Notifying Interested Persons of a Hearing on the Allowance of a Decedent's Last Will and Testament (Vermont)

Use this form when you need to notify interested parties of a court hearing regarding of a deceased person's will in Vermont, particularly when obtaining consent from all heirs-at-law is not possible. Jump to guide on filling it out.

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Tips for filling out form 700-00412

When completing form 700-00412, pay special attention to these less obvious sections:

Item 1c

Locate Heirs

When attempting to notify heirs-at-law, remember that Vermont law requires you to exercise due diligence in locating all potential heirs. This may include checking public records, contacting known relatives, or utilizing online databases and tools to ensure you reach all possible heirs. Failing to do so might complicate the probate process.
Item 2

Incorporate Beneficiaries

Beneficiaries named in the Last Will who are not heirs-at-law must still receive notification of the hearing. Their inclusion is crucial even if their right to participate as parties is undecided. Make sure their contact details are accurate and up-to-date.
Item 3b

Certificate of Service

Filing a Certificate of Service with the Probate Court is mandatory. This document proves that all necessary parties have been notified of the hearing. Ensure this form is submitted promptly to avoid delays in proceedings.
Item 4

Understanding Party Standing

While all heirs-at-law are automatically considered parties to the hearing, other beneficiaries might not have the same standing. Be prepared for possible legal interpretations regarding who can actively participate in the hearing, as determined by the presiding Probate Judge.

What to do after filing form 700-00412

1
Confirm that the Probate Court has received your Petition and request confirmation of the scheduled hearing date, time, and location.
2
Compile a comprehensive list of heirs-at-law and beneficiaries named in the decedent's Will, ensuring you have the most current contact information for each person or entity.
3
Serve the Hearing Notice along with any additional required documents to all listed heirs-at-law and beneficiaries as per V.R.P.P. 4, ensuring to note the manner and date of service for your records.
4
Prepare and submit a Certificate of Service to the Probate Court as proof that all required parties have been properly notified of the hearing.
5
Wait for any notices or communications from the Probate Court regarding potential disputes or challenges filed by interested parties before the hearing takes place.
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