Vermont: Will Execution Requirements
The short answer
To make a valid will in Vermont you must be at least 18 (or emancipated by court order) and of sound mind, and put the will in writing. You sign it in front of two or more credible witnesses (or have someone sign for you in your presence and at your direction), and those witnesses must sign in your presence and in the presence of each other — so everyone is together for the signing. Notarization is not required, but you can add a notarized self-proving affidavit to speed up probate. Vermont does not recognize a handwritten (holographic) will with no witnesses, has not adopted electronic wills, and has no harmless-error rule to save a will that misses a formality.
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This is the general rule in Vermont. Ezel applies current Vermont law to your specific facts and answers with citations to the statutes.
| Governing law | Vermont Statutes Title 14 (Decedents' Estates and Fiduciary Relations), Chapter 1 (Wills). The core execution statute is 14 V.S.A. § 5; § 1 sets who may make a will, § 10 the interested-witness rule, and § 108 (in Chapter 3) the self-proving affidavit. Vermont is NOT a Uniform Probate Code state — it keeps its own long-standing will statute (§ 5 was modernized in 2005 to drop the old three-witness rule to two). It has not adopted holographic wills, electronic wills, or a harmless-error doctrine |
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| Minimum age & capacity | 'Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a will in writing' (§ 1). Eighteen is the floor, but a minor emancipated by court order may also make a will — an exception many states lack. 'Sound mind' is not defined by statute; Vermont applies the familiar capacity test — the testator must understand they are making a will, know the natural objects of their bounty, and know the nature and extent of their property. Capacity is measured at the time of signing |
| Writing & signature | A will must be in writing and 'signed in the presence of two or more credible witnesses by the testator or in the testator's name by some other person in the testator's presence and by the testator's express direction' (§ 5(a)(1)-(2)). If you cannot sign, another person may sign for you, but only in your presence and at your express direction. The statute states no signature-at-the-end rule. Note the signing itself must happen in front of the witnesses |
| Witnesses required | Two or more credible witnesses, and Vermont uses a strict all-present rule: the testator signs 'in the presence of' the witnesses, and the witnesses must be 'attested and subscribed... in the presence of the testator and each other' (§ 5(a)). So the testator and both witnesses are together for the signing — there is no 'reasonable time' delay allowed. Interested witness: a beneficial devise to a subscribing witness (or the witness's spouse) 'shall be voidable unless there are two other competent, subscribing witnesses' (§ 10) — a purging-style rule that can void the gift but not the will; a provision paying a debt does not disqualify the creditor as a witness |
| Notarization & self-proving | Notarization is never required to make a Vermont will valid — a notary is not a witness. A will may be made self-proving under § 108: the testator and the two witnesses give a sworn acknowledgment before a notary or other officer authorized to administer oaths, confirming the testator signed (or directed another to sign) in the presence of two witnesses, each witness signed at the testator's request in the testator's and the other witness's presence, and the testator was at least 18 (or emancipated) and of sound mind. A self-proving will can be admitted to probate without live witness testimony |
| Handwritten (holographic) wills | No. Vermont does not recognize holographic (unwitnessed handwritten) wills — its execution statute (§ 5) requires two or more credible witnesses, and Chapter 1 contains no holographic-will provision. A purely handwritten, unwitnessed will made in Vermont is not valid. A holographic will that was valid where and when it was made in another state may still be honored in Vermont under ordinary foreign-will principles |
| Electronic & remote wills | Not generally permitted. Vermont has not adopted the Uniform Electronic Wills Act; a valid will must be a signed paper writing witnessed in person under § 5(a). The one remote-witnessing path is § 5(b), a COVID-era provision that treats witnesses as 'in the presence of' the testator only 'during the period that the Emergency Administrative Rules for Remote Notarial Acts adopted by the Vermont Secretary of State... are in effect,' and only for a will made self-proving under § 108. Those emergency notarial rules were superseded by permanent Administrative Rules for Notaries Public effective February 26, 2025, leaving § 5(b)'s continued operation unsettled — treat in-person witnessing as the safe rule |
| Harmless-error / curative doctrine | No. Vermont has no harmless-error or substantial-compliance statute — Chapter 1 contains no provision letting a court excuse a defective will on proof of the testator's intent (it never adopted UPC § 2-503). Vermont is a strict-compliance state: a will that misses a required formality — a missing witness, a signature not made in the witnesses' presence — generally cannot be saved, however clear the testator's intent |
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Requirements one by one
Governing law
Vermont's will-execution rules are in the Vermont Statutes, Title 14 (Decedents' Estates and Fiduciary
Relations), Chapter 1 (Wills). The core statute is 14 V.S.A. § 5, which sets the writing and witness
requirements; § 1 says who may make a will; § 10 covers a witness who is also a beneficiary; and § 108
(in Chapter 3) provides the self-proving affidavit. Vermont is not a Uniform Probate Code state — it uses
its own long-standing will statute, which the Legislature modernized in 2005 to require two witnesses
instead of the older three. Vermont has not adopted holographic wills, electronic wills, or a
harmless-error rule.
Minimum age & capacity
"Every individual 18 years of age or over or emancipated by court order who is of sound mind may make a
will in writing" (§ 1). Eighteen is the usual floor, but Vermont also lets a minor who has been
emancipated by court order make a will — an exception many states do not have. You must be of sound mind.
The statute does not define the term; Vermont applies the familiar test: you must understand that you are
making a will, know the people who would normally inherit from you (the natural objects of your bounty),
and know the general nature and extent of your property. Capacity is judged at the time you sign.
Writing & signature
A Vermont will must be in writing and "signed in the presence of two or more credible witnesses by the
testator or in the testator's name by some other person in the testator's presence and by the testator's
express direction" (§ 5(a)). Two things stand out. First, the will must actually be signed in front of
the witnesses — not signed privately and shown to them later. Second, if you cannot sign yourself, another
person may sign for you, but only in your presence and at your express direction. There is no rule that
the signature appear at the end of the document.
Witnesses required
Vermont requires two or more credible witnesses and uses a strict "all present together" standard. Under
§ 5(a), the testator signs in the presence of the witnesses, and the witnesses must attest and subscribe
"in the presence of the testator and each other." In practice that means you and both witnesses are all
in the room together for the signing; Vermont does not allow a witness to sign later, within a "reasonable
time," the way many Uniform Probate Code states do.
On interested witnesses, Vermont uses a purging rule (§ 10). A gift to a subscribing witness — or to that
witness's spouse — "shall be voidable unless there are two other competent, subscribing witnesses to the
will." So if a beneficiary also serves as one of only two witnesses, their gift can be voided, though the
will itself remains valid. The statute adds that a provision paying a debt does not disqualify the
creditor as a witness. The clean fix is to use two disinterested witnesses so no gift is at risk.
Notarization & self-proving
Notarization is never required to make a Vermont will valid — a notary is not a witness. What a notary
adds is the option to make the will "self-proving." Under § 108, the testator and the two witnesses give
a sworn acknowledgment before a notary or other officer authorized to administer oaths, confirming that
the testator signed (or directed another to sign) in the presence of two witnesses, that each witness
signed at the testator's request in the testator's presence and in the other witness's presence, and that
the testator was at least 18 (or emancipated) and of sound mind. A self-proving will can be admitted to
probate without bringing the witnesses back to testify.
Handwritten (holographic) wills
Vermont does not recognize holographic wills. Its execution statute (§ 5) requires two or more credible
witnesses, and Chapter 1 has no holographic-will provision, so a purely handwritten, unwitnessed will
made in Vermont is not valid — no matter that it is entirely in your own hand. (A handwritten will that
was valid where and when it was made in a state that allows holographic wills may still be honored in
Vermont under ordinary foreign-will principles, but you cannot create one in Vermont itself.)
Electronic & remote wills
Vermont has not adopted electronic wills. It never enacted the Uniform Electronic Wills Act, so a valid
will must be a signed paper document witnessed in person under § 5(a). Vermont's only remote-witnessing
provision is § 5(b), a measure passed during the COVID-19 pandemic: it treats the witnesses as being "in
the presence of" the testator even when not physically present, but only "during the period that the
Emergency Administrative Rules for Remote Notarial Acts... are in effect," and only for a will
simultaneously made self-proving under § 108. Those emergency notarial rules were replaced by permanent
Administrative Rules for Notaries Public effective February 26, 2025, which leaves it unsettled whether
§ 5(b) still authorizes remote witnessing of wills. Until that is clarified, the safe course is to have
the testator and both witnesses sign together in person.
Harmless-error / curative doctrine
Vermont has no harmless-error rule. Unlike Uniform Probate Code states that adopted UPC § 2-503, Vermont's
statute contains no provision letting a court treat a defective document as a valid will on clear and
convincing evidence of the testator's intent. Vermont is a strict-compliance state: if a formality is
missed — a signature not made in the witnesses' presence, only one witness, witnesses who signed
separately — the will generally fails, however clear it is that the person meant it as their will. Get the
formalities right the first time.
What trips people up
Everyone has to be in the room together. Vermont's § 5 requires the testator to sign in front of the
witnesses and the witnesses to sign in the testator's presence and in each other's presence. A will signed
privately and circulated to witnesses to sign later can fail. Sign it as a group, in one sitting.
A handwritten will alone is not valid here. Vermont does not accept holographic wills. Even a will
entirely in your own handwriting is void without two credible witnesses (§ 5).
There is no harmless-error rescue. Because Vermont never adopted a curative doctrine, a signing
mistake generally cannot be excused later. There is no "the intent was clear" fix; the formalities are the
rule.
Remote witnessing is not a safe assumption. The pandemic-era remote-witnessing provision (§ 5(b)) was
tied to the Secretary of State's emergency notarial rules, which have since been replaced by permanent
rules — so whether a will can still be witnessed remotely in Vermont is unsettled. Witness your will in
person.
Common questions
Do my witnesses and I all have to sign at the same time? Effectively yes. Vermont requires the
testator to sign in front of the witnesses and the witnesses to sign in the presence of the testator and
each other (§ 5(a)). The safe practice is for all three of you to sign together in one sitting.
Can I make a valid handwritten will in Vermont? No. Vermont does not recognize holographic
(unwitnessed handwritten) wills. Your will must be signed by two or more credible witnesses (§ 5), unless
it was validly made in another state that allows handwritten wills.
Does my Vermont will have to be notarized? No. Notarization is never required for validity.
Notarizing a self-proving affidavit under § 108 is optional and only makes probate easier by removing the
need for the witnesses to testify.
Can a person who inherits under my will also witness it? They can, but it risks the gift. Under § 10,
a gift to a subscribing witness (or the witness's spouse) is voidable unless two other competent witnesses
also signed. Use two disinterested witnesses so no one's inheritance is in doubt.
Statutes and sources
- 14 V.S.A. § 1 — who may make a will: any individual 18 or older, or emancipated by court order, of sound mind.
https://law.justia.com/codes/vermont/title-14/chapter-1/section-1/ (accessed 2026-07-11) - 14 V.S.A. § 5 — execution: in writing, signed in the presence of two or more credible witnesses, and attested and subscribed by the witnesses in the presence of the testator and each other; § 5(b) is the conditional pandemic-era remote-witnessing provision.
https://law.justia.com/codes/vermont/title-14/chapter-1/section-5/ (accessed 2026-07-11) - 14 V.S.A. § 10 — a beneficial devise to a subscribing witness (or the witness's spouse) is voidable unless two other competent witnesses also signed; a debt-payment provision does not disqualify the creditor.
https://law.justia.com/codes/vermont/title-14/chapter-1/section-10/ (accessed 2026-07-11) - 14 V.S.A. § 108 — self-proving affidavit: sworn acknowledgment of the testator and witnesses before a notary or other authorized officer.
https://law.justia.com/codes/vermont/title-14/chapter-3/section-108/ (accessed 2026-07-11)
Source links
Every statute quoted above, linked, with the date we checked it.
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