Court Safekeeping of Original Wills in Vermont
At a glance
| Statutory safekeeping route | Voluntary lifetime Probate Division deposit (14 V.S.A. § 2(a)). |
|---|---|
| Who may deposit | Will of a testator residing in the court's district (§ 2(a)). |
| Proper court or clerk | Probate Division of Superior Court for testator's district (§ 2(a)). |
| Envelope and filing record | Sealed envelope with testator and executor names/addresses; receipt and index (§ 2(a)–(b)). |
| Fee and receipt | $30 filing fee on current court schedule; register gives testator a receipt (§ 2(a); 32 V.S.A. § 1434(a)(18)). |
| Custody before death | Safely kept, unopened; will and index closed to public inspection during life (§ 2(a)–(b),(e)). |
| Retrieval before death | Testator or person under acknowledged or court-proved written order (§ 2(c)). |
| Notice after death | Deposit section states no separate postdeath notification procedure (§ 2). |
| Opening and release after death | Will remains unopened until delivery to entitled person or court disposition (§ 2(b)); custodian duty under § 103. |
Requirements one by one
Envelope and filing record
Under 14 V.S.A. § 2(b), the sealed envelope bears the testator's name and address and the names and addresses of the executors named in the will. The register gives the testator a receipt and keeps an index under § 2(a).
Lifetime custody and retrieval
The register keeps the will safely and unopened; § 2(e) closes both the deposited will and its index to public inspection while the testator lives. Under § 2(c), delivery is to the testator or under a duly acknowledged written order, or one otherwise proved to the court's satisfaction. A duly authorized guardian or attorney-in-fact may inspect and copy it in the judge's or register's presence.
What trips people up
The court fee schedule lists $30 for filing a will for safekeeping, citing 32 V.S.A. § 1434(a)(18). Under § 2(a), the proper office is the Probate Division for the district where the testator resides. The deposited will stays closed until delivered to someone entitled to receive it or otherwise disposed of by the court under § 2(b).
Common questions
Can the testator's attorney-in-fact inspect the stored will? Yes, if duly authorized; § 2(c) requires inspection and copying in the presence of the judge or register. Delivery of the original follows the section's separate written-order rule.
What is the general rule for a person holding a will after death? Under 14 V.S.A. § 103, a custodian who learns of the death has 30 days to deliver the will to the Probate Division where venue lies or to the named executor.
Statutes and sources
- 14 V.S.A. §§ 2 and 103; 32 V.S.A. § 1434(a)(18) as shown in the official court fee schedule: current official text and fee schedule, quoted with URLs and access dates above.
Source links
Every statute quoted above, linked, with the date we checked it.
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