The probate process can seem overwhelming, especially during times of grief. In Vermont, probate is a legal procedure that ensures a deceased person's estate is administered, debts are settled, and assets are distributed according to the will or, if there is no will, according to Vermont law. Whether you are creating an estate plan or serving as the executor of a loved one’s estate, understanding the probate process is essential. What is Probate? Probate is a court-supervised process for administering the estate of a deceased person. During probate, the court ensures the following: Validation of the Will — If the decedent left a will, it is presented to the probate court to confirm its validity. Appointment of an Executor or Administrator — If a will exists, the court will confirm the executor named in the will. If there is no will, the court will appoint an administrator to handle the estate. Identification and Valuation of Assets — The estate’s assets are identified, inventoried, and valued to establish their worth. Payment of Debts and Taxes — Before any assets are distributed to beneficiaries, all outstanding debts, taxes, and probate-related expenses must be paid. Distribution of Assets — Once debts and expenses are settled, the remaining assets are distributed to the beneficiaries according to the will or state law. Steps in Vermont's Probate Process The probate process in Vermont typically follows these steps: Filing the Will with the Probate Court After a person passes away, the will (if one exists) must be filed with the probate court in the district where the decedent lived. If no will exists, a petition must be filed to open the estate and appoint an administrator. Appointing an Executor or Administrator If the will designates an executor, the court will officially appoint that person to manage the estate. If there is no will, the court will appoint an administrator. The executor or administrator is responsible for handling all probate tasks, including paying debts and distributing assets. Inventorying the Estate The executor or administrator must compile a list of all the decedent's assets, including real estate, bank accounts, investments, personal belongings, and any other property. This inventory is then submitted to the court for review. Notifying Creditors and Settling Debts The executor must notify any known creditors of the estate and allow them time to submit claims. Vermont law requires creditors to file their claims within a specific period, typically four months from the date of notification. Any outstanding debts, including medical bills, credit card balances, and taxes, must be paid before assets are distributed to beneficiaries. Paying Estate Taxes (If Applicable) Vermont does not have an inheritance tax, but the estate may still be subject to the state’s estate tax if the estate's value exceeds $5 million. Additionally, federal estate taxes may apply if the estate's value exceeds the federal exemption limit. Distribution of Assets After debts, taxes, and other obligations are settled, the remaining assets are distributed to the beneficiaries according to the will or Vermont’s intestacy laws if no will exists. This step marks the conclusion of the probate process. Avoiding Probate While probate is often necessary, there are several estate planning strategies that can help minimize or even avoid the probate process in Vermont. These include: Living Trusts — Establishing a revocable living trust allows your assets to bypass probate and go directly to your named beneficiaries. Joint Ownership with Right of Survivorship — Assets owned jointly with another person automatically pass to the surviving owner upon death, without going through probate. Transfer-on-Death (TOD) and Payable-on-Death (POD) Accounts — Designating beneficiaries for bank and investment accounts allows those assets to transfer directly to them upon your death. By taking these proactive steps, you can help ensure that your estate avoids unnecessary delays and expenses associated with probate. How Long Does Probate Take in Vermont? The length of the probate process in Vermont can vary depending on the complexity of the estate and whether disputes arise among heirs or creditors. For a simple estate, probate can take as little as six months. However, more complicated estates or contested wills can prolong the process, sometimes lasting over a year. The probate process can be expedited by proper planning, including having a valid will in place, minimizing probate assets, and appointing a knowledgeable executor. How Deppman Law, PLC Can Help Probate can be an intricate legal process, but you don’t have to handle it alone. At Deppman Law, PLC, our experienced estate planning attorneys are here to guide you every step of the way. Whether you need assistance in planning your estate to avoid probate or managing an estate as an executor, our legal team will ensure that you understand the process and your rights. Contact us today for a consultation and to learn more.

Going through a divorce is never easy. It’s often an emotionally charged and complex process that requires careful preparation and understanding. If you are considering a divorce in Vermont, taking the time to prepare can help you manage this challenging period with greater ease and confidence. Here are a few essential steps to help you prepare for a divorce in Vermont. 1. Understand Vermont Divorce Laws Vermont is a no-fault divorce state, meaning that you do not need to prove wrongdoing by your spouse to file for divorce. Instead, you can file for divorce based on "irreconcilable differences" that have caused the breakdown of the marriage. In Vermont, at least one spouse must have lived in the state for six months before filing for divorce, and a final divorce decree can be granted after one year of residency. Understanding these basic requirements will help you determine when and where to file for divorce. 2. Gather Financial Documents Financial matters are a significant aspect of any divorce. Start by gathering all relevant financial documents, including: Bank statements Tax returns (last three years) Pay stubs Credit card statements Mortgage statements Retirement account statements Investment account statements Having these documents organized and readily available will help you and your attorney assess your financial situation and develop a fair division of assets and debts. 3. Assess Your Financial Situation Once you have gathered your financial documents, take the time to assess your financial situation. Create a budget that outlines your monthly income and expenses. This will help you understand your financial needs and how your divorce might impact your standard of living. Consider consulting with a financial advisor to help you plan for your financial future post-divorce. 4. Consider Your Living Arrangements Deciding where you will live during and after the divorce is important. If you and your spouse own a home together, you will need to decide whether one of you will stay in the home or if you will sell it and divide the proceeds. Consider the financial implications of maintaining your current living arrangements and explore alternative options if necessary. 5. Prioritize Your Children’s Well-being If you have children, their well-being should be your top priority. Start thinking about custody arrangements and how you can co-parent effectively. Consider how your children's routines, schooling, and activities will be affected by the divorce. Developing a parenting plan that prioritizes your children’s needs can help provide stability during this transitional period. 6. Consult with a Divorce Attorney Consulting with an experienced divorce attorney is one of the most important steps you can take to prepare for your divorce. A knowledgeable attorney can help you understand your rights and responsibilities, guide you through the legal process, and advocate for your best interests. They can also help you negotiate a fair settlement and handle any disputes that may arise. 7. Take Care of Your Emotional Health Divorce can be emotionally draining, so it’s critical to take care of your emotional well-being. Seek support from friends, family, or a therapist to help you cope with the stress and emotions that come with divorce. Taking care of your mental health will enable you to make more rational decisions and approach the divorce process with a clearer mind. 8. Plan for the Future While it may be difficult to think about the future during a divorce, planning ahead can help you move forward more confidently. Consider your long-term goals and how your divorce will impact them. Whether it’s pursuing new career opportunities, moving to a new location, or focusing on personal growth, having a plan for your future can provide a sense of direction and hope. Contact Deppman Law, PLC Today If you are contemplating a divorce and need professional guidance, the skilled family lawyers at Deppman Law, PLC can help. Our experienced divorce team is here to help you through every step of the process, ensuring your rights are protected and your best interests are represented. Contact us today to schedule a confidential consultation, and take the first step toward a brighter future.