Petition for Probate of Will and for Letters Testamentary (Vermont)

Before you use this petition: Compare it with the Vermont Judiciary's current Petition to Open Decedent's Estate (Form 700-00001), and use that form if the court requires it. Attach the documents in the current court instructions.

STATE OF VERMONT

SUPERIOR COURT — PROBATE DIVISION

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

Petitioner, [________________________________], asks the Probate Division to allow the Will of [________________________________], open the decedent's estate, and appoint [________________________________] as executor. Petitioner states:

1. Decedent and court. The decedent resided in [________________________________], [________________] County, Vermont, and died on [__/__/____]. Petitioner files in the Probate Division for the county of the decedent's residence at death.

2. Will and codicils. The decedent's Will is dated [__/__/____]. ☐ No codicil is known. ☐ The following codicils are attached: [________________________________]. The original Will and any codicils are supplied with this Petition. The Will names [________________________________] as executor. Under 14 V.S.A. § 101, a will must be allowed to be effective.

3. Petitioner. Petitioner's mailing address is [________________________________], telephone is [________________________________], and email is [________________________________]. Petitioner is ☐ the named executor ☐ another interested person, with this interest: [________________________________].

4. Estimated assets to administer. Real estate: $[________________________________]. Personal estate: $[________________________________]. Total: $[________________________________].

5. Proposed executor. The proposed executor is [________________________________], mailing address [________________________________], telephone [________________________________], email [________________________________]. The proposed executor accepts appointment below. If the person first named in the Will will not serve, explain and identify any successor nomination: [____________________________________________________________].

6. Proof of Will. ☐ The Will appears self-proved under 14 V.S.A. § 108. ☐ Petitioner asks to establish execution by witness testimony or other proof allowed by the court. Subscribing witnesses, if known:

7. Interested persons and notice. The attached current List of Interested Persons for Estates names the surviving spouse, heirs at law, devisees, and other persons required by court instructions. ☐ Consents of all heirs at law and the surviving spouse are attached; Petitioner asks the court to allow the Will without hearing under 14 V.S.A. § 107(a). ☐ One or more such consents are absent; Petitioner asks the court to schedule a hearing and direct notice under the Rules of Probate Procedure. Under § 107(b), any objection to allowance must be in writing at least seven days before the hearing.

8. Nonresident executor, if applicable. ☐ The proposed executor is domiciled outside Vermont. The proposed Vermont resident agent is [________________________________], at [________________________________]. The written designation and the resident agent's acceptance will be filed as required by 14 V.S.A. § 904.

9. Bond. Under 14 V.S.A. § 906, Petitioner asks the court to set the bond amount and decide whether sureties are required. The proposed executor will give the required bond before letters issue. ☐ Interested persons ask the court to waive surety on its separate form; this request does not itself waive the bond.

WHEREFORE, Petitioner asks the court to:

1. Allow the Will dated [__/__/____] and any attached codicils, and open the estate;
2. Appoint [________________________________] as executor;
3. Set any required bond and surety, and issue letters of administration to the named executor when the requirements of 14 V.S.A. § 902 are met; and
4. Grant any other appropriate relief.

Proposed executor's acceptance

I accept appointment as executor if the court appoints me and ask that appointment documents be sent to the address above.

Signature: ____________________________________ Date: [__/__/____]

Printed name: [________________________________]

Petitioner's declaration

I declare that the statements in this Petition are true and accurate to the best of my knowledge and belief. I understand that false statements may subject me to the penalty of perjury or other sanctions in the court's discretion.

Signature of Petitioner: ____________________________________ Date: [__/__/____]

Printed name: [________________________________]

Mailing address: [________________________________]

Telephone / email: [________________________________]

Consents, if applicable

Each undersigned surviving spouse or heir consents to allowance of the Will and the proposed appointment, acknowledges receipt of this Petition and accompanying papers, and requests action without a hearing to the extent permitted by 14 V.S.A. § 107(a). Any person who does not consent need not sign here and must receive any required notice.

Attachments: ☐ Original Will and codicils ☐ Certified death certificate ☐ List of Interested Persons for Estates ☐ Filing fee or fee-waiver request ☐ Applicable consents ☐ Resident-agent designation, if applicable ☐ Other items required by the current court form: [________________________________]