Overview
Addison County is located in Vermont with a population of approximately 38,047. The Addison Probate Division handles all probate and estate matters for decedents who were domiciled in the county at the time of death.
Vermont probate is governed by Title 14 of the Vermont Statutes. The process begins with filing a Petition to Open an Estate (Form 700-00001) to admit the will and appoint a personal representative. The court then issues Letters Testamentary for testate estates or Letters of Administration for intestate estates.
Vermont offers a simplified procedure for small estates valued at $45,000 or less (excluding real estate other than a timeshare). This process requires filing a Petition to Open Small Estate and allows for a quicker settlement without full probate administration.
Vermont probate filing fees are based on the value of the estate. For example, estates valued at $10,000 or less have a filing fee of $50, while estates valued between $10,001 and $50,000 have a fee of $110.
This guide provides an informational overview of the Addison County probate process. It is not legal advice and is not a substitute for consulting a qualified attorney. Laws and local procedures may change — verify current requirements with the court.
Courthouse Information
Addison Probate Division
Probate matters in Addison County are handled at the Addison Superior Court.
Address: 7 Mahady Court, Middlebury, VT 05753
Phone: (802) 388-7741 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (except during observed holidays). Closed the first Friday of each month, 8:00 a.m. to noon, for in-service training.
The Probate Division is located within the Frank Mahady Courthouse in Middlebury. It shares the facility with the Civil, Criminal, and Family Divisions.
Parking and Access
Public parking is available near the courthouse. The building is accessible to individuals with disabilities, and security screening is required upon entry.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Procedure: If the estate consists of personal property valued at $45,000 or less (and no real estate other than a timeshare), you may file a Petition to Open Small Estate.
- Joint Tenancy/Survivorship: Assets held in joint tenancy with rights of survivorship pass directly to the surviving owner.
- Trust administration: Assets held in a living trust generally do not require probate.
Step 2: File the Petition
If formal probate is needed, file a Petition to Open an Estate (Form 700-00001) with the Addison Probate Division. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- List of Interested Persons (Form 700-00002E)
- Filing fee (based on estate value)
- Consent to Appointment of Executor/Administrator (if applicable)
E-filing is available and encouraged through the Vermont Judiciary's Odyssey File & Serve system.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties at least 14 days before the hearing (or obtain waivers).
- Publish notice in a newspaper of general circulation in Addison County (such as the Addison Independent) if required by the court or for creditor protection.
Step 4: Attend the Hearing
The court may schedule a hearing on the petition, typically 2 to 4 weeks after filing. At the hearing, the judge reviews the petition and, if approved, issues Letters Testamentary or Letters of Administration.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Publish a Notice to Creditors (creditors have 4 months to file claims)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims and estate expenses
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a Motion for Decree of Distribution and a final accounting to close the estate
Local Requirements
Addison County-Specific Procedures
- E-filing: The Vermont Judiciary utilizes the Odyssey File & Serve system for electronic filing.
- Bond requirements: The court may require a surety bond unless the will waives it or all beneficiaries consent to waive it.
- Publication: Notice to creditors is typically published in the Addison Independent or Seven Days.
- Inventory: A detailed Inventory of Estate Assets (Form 700-00003) must be filed within 30 days of appointment.
Always check with the Probate Division clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Addison County)
- Estates $10,000 or less: $50.00
- Estates $10,001 to $50,000: $110.00
- Estates over $50,000: Fees increase based on value (check current schedule)
- Certified copies of Letters: approximately $10.00 per certified copy
- Publication costs: approximately $100-$200 depending on the newspaper
- Civil Actions: $295.00 (if applicable)
Executors and administrators are entitled to reasonable compensation for their services, subject to court approval.
Payment Methods
The court accepts cash, checks, money orders, and credit/debit cards (credit cards may incur a convenience fee).
Estimated Timelines
- Simple estates (no disputes, limited assets): 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2 years
The creditor claim period in Vermont is 4 months from the date of publication, which sets a minimum duration for the process.
Local Resources
Addison County Court Resources
- Court Website: vermontjudiciary.org
- Probate Self-Help: Vermont Judiciary Probate
- Vermont Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- Vermont Bar Association: (802) 223-2020 — Lawyer Referral Service
- Legal Services Vermont: (800) 889-2047 — Civil Legal Aid
- Vermont Law Help: vtlawhelp.org
Publication
- Addison Independent: (802) 388-4944 — Legal Notices
- Seven Days: (802) 864-5684 — Legal Notices