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

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

Vermont requires the use of the statewide Judiciary form 700-00001, Petition to Open
Decedent's Estate, filed in the Probate Division of the Superior Court for the unit
(county) where the decedent resided. This template provides the substantive legal
content to help you prepare; you must transfer your content to Form 700-00001 (and file
supporting forms such as 700-00002E List of Interested Persons and 700-00030 Inventory
Schedule) before filing. The official forms are available at
https://www.vtcourts.gov/probate/estates-and-wills. Do not file this document directly
with the court.

PETITION FOR PROBATE OF WILL AND FOR LETTERS TESTAMENTARY

STATE OF VERMONT, SUPERIOR COURT, [UNIT] UNIT, PROBATE DIVISION

TABLE OF CONTENTS

1. Caption and Case Information
2. Petitioner Information
3. Decedent Information
4. Jurisdiction and Venue
5. The Will Offered for Allowance
6. Interested Persons: Devisees and Heirs at Law
7. Nomination and Priority of the Executor
8. Bond
9. Prayer for Relief
10. Verification
11. Certificate of Service / Notice
12. Attachments Checklist

1. CAPTION AND CASE INFORMATION

Case No.: [____________________________________]

Estate type: ☐ Testate (with Will) ☐ Small Estate (under $45,000, no real estate except a timeshare) ☐ Ancillary

2. PETITIONER INFORMATION

Name: [PETITIONER FULL LEGAL NAME]
Address: [STREET ADDRESS], [CITY], Vermont [ZIP CODE]
Town/County of Residence: [TOWN], [COUNTY]
Telephone: [________________________________]
Email: [________________________________]
Capacity: Person named as Executor in the Decedent's Last Will and Testament (14 V.S.A. § 104(a)).

3. DECEDENT INFORMATION

Estimated value of assets requiring administration: Real Estate $[________________]; Personal Estate $[________________]; Total $[________________].

4. JURISDICTION AND VENUE

a. The Decedent died testate on [__/__/____], leaving a Last Will and Testament dated [__/__/____].

b. The Decedent resided in [TOWN], [COUNTY] County, Vermont at the time of death; venue lies in the Probate Division of the Superior Court for the [UNIT] Unit.

c. Under 14 V.S.A. § 101, to be effective a will must be allowed in the Probate Division of the Superior Court; under § 102, allowance is conclusive as to the will's due execution and validity.

d. As the person named executor, Petitioner files this Petition to open the Decedent's estate with reasonable promptness as required by 14 V.S.A. § 104(a).

e. ☐ This is an ancillary estate: the Decedent did not reside in Vermont but owned real property in Vermont; an authenticated copy of the Will and the foreign probate (letters testamentary) accompany this Petition.

5. THE WILL OFFERED FOR ALLOWANCE

a. The instrument offered for allowance is the Decedent's Last Will and Testament dated [__/__/____] ☐ together with the following Codicil(s): [__________________________].

b. The original Will (and any Codicil) is delivered to and filed with the Court with this Petition, as required by 14 V.S.A. § 103.

c. Self-proving status / proof of execution:
☐ The Will is self-proved by the sworn acknowledgment of the testator and the witnesses made before a notary public under 14 V.S.A. § 108; the Court may allow the Will without hearing if it meets the § 108 criteria and no timely objection is filed (§ 107(b)(2)).
☐ The Will is not self-proved; if no timely objection is filed, the Court may allow the Will on the testimony of only one subscribing witness that the Will was executed as required by chapter 1 of Title 14 (§ 107(b)(1)).

d. Subscribing witnesses to the Will:

e. Pending allowance, the person named as executor has power to assume custody of the estate for its preservation (14 V.S.A. § 107(c)).

6. INTERESTED PERSONS: DEVISEES AND HEIRS AT LAW

The following are the interested persons — the devisees under the Will and the heirs at law and surviving spouse of the Decedent — whose names and addresses must be listed (Form 700-00002E, List of Interested Persons), and whose consents may permit allowance of the Will without a hearing under 14 V.S.A. § 107(a):

Devisees / Legatees named in the Will:

Heirs at Law and Surviving Spouse (for notice / consent):

7. NOMINATION AND PRIORITY OF THE EXECUTOR

a. The Decedent's Will nominates [PETITIONER FULL LEGAL NAME] as Executor.

b. As the person named executor in the Will, Petitioner is entitled to be appointed and to have appointment documents (letters testamentary) issued in preference to others (14 V.S.A. § 104, § 107).

c. Petitioner is competent and is not disqualified from serving as fiduciary under Vermont law.

d. ☐ The Proposed Executor is not a Vermont resident; an Appointment of Resident Agent (Form 700-00026) accompanies this Petition.

e. ☐ The first-named Executor is not serving because: ☐ deceased ☐ declines ☐ unable to serve; Petitioner serves as the alternate/successor Executor named in the Will.

8. BOND

Petitioner requests the following regarding bond (14 V.S.A. § 901 et seq.; V.R.P.P.):

☐ Bond is waived because the Will expressly directs that the Executor serve without surety / without bond.
☐ Bond should be set without surety unless the Court orders otherwise.
☐ Petitioner will furnish bond with surety in the amount of $[________________] as the Court directs.

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that the Court:

a. Allow the Decedent's Last Will and Testament dated [__/__/____] (and any Codicil) and open the Decedent's estate;

b. Find that the Will was duly executed and is valid (14 V.S.A. § 102);

c. Appoint Petitioner as Executor of the Estate;

d. Issue Letters Testamentary (appointment documents) to Petitioner upon allowance of the Will and qualification (14 V.S.A. § 107);

e. Set bond without surety, or as waived by the Will, or in an appropriate amount;

f. Grant such other and further relief as the Court deems just and proper.

10. VERIFICATION

I declare that the above statements are true and accurate to the best of my knowledge and belief. I understand that if the above statements are false, I will be subject to the penalty of perjury or to other sanctions in the discretion of the Court.

Date: [__/__/____]

Petitioner Signature: ______________________________________

Printed Name: [PETITIONER FULL LEGAL NAME]

ACCEPTANCE OF APPOINTMENT: I accept the appointment as Executor and ask that the appointment documents be issued to me at the address above.

Signature of Executor: ______________________________________ Date: [__/__/____]

11. CERTIFICATE OF SERVICE / NOTICE

Under 14 V.S.A. § 107(a), if consents are filed by all the heirs at law and the surviving spouse, the Will may be allowed without hearing. If consents are not obtained, the Court shall schedule a hearing and notice shall be given as provided by the Vermont Rules of Probate Procedure. Objections to allowance of the Will must be filed in writing not less than seven (7) days before the hearing (§ 107(b)).

☐ Consents to Allowance of Will filed by all heirs at law and surviving spouse (no hearing required) (§ 107(a))
☐ Notice of hearing given to all interested persons as provided by the V.R.P.P.
☐ Certificate of Service (Form 600-00264) completed and filed

Signature: ______________________________________
Printed Name: [PETITIONER / ATTORNEY NAME]
Vermont Bar No.: [________________] (if applicable)
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

12. ATTACHMENTS CHECKLIST

☐ Form 700-00001 — Petition to Open Decedent's Estate
☐ Original Last Will and Testament and any Codicils (14 V.S.A. § 103); for ancillary, authenticated copy of Will and foreign probate
☐ Certified copy of Death Certificate
☐ Form 700-00002E — List of Interested Persons
☐ Consent of Surviving Spouse and Heirs at Law (for allowance without hearing) (§ 107(a))
☐ Form 700-00030 — Inventory Schedule
☐ Form 700-00026 — Appointment of Resident Agent (if Executor is a non-resident)
☐ Bond (without surety unless ordered) / waiver per Will
☐ Form 600-00264 — Certificate of Service (if notice required)
☐ Entry/filing fee (or Application to Waive Filing Fees)

Sources and References
- 14 V.S.A. Chapter 3 (Probate and Procedure for Construction of Wills): §§ 101–108
- 14 V.S.A. Chapter 21 (§ 901 et seq.) (appointment and bond of fiduciaries)
- Vermont Judiciary — Estates and Wills: https://www.vtcourts.gov/probate/estates-and-wills
- Vermont Statutes Online, Title 14: https://legislature.vermont.gov/statutes/title/14