Overview
Bennington County is located in Vermont with a population of approximately 37,347. The Bennington 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 Annotated. The process begins with filing a Petition to Open 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 small estate procedure for estates valued at $45,000 or less consisting entirely of personal property (no real estate). This process uses the Petition to Open Small Estate (Form 700-00002) and allows for a quicker settlement without full probate administration.
Vermont law allows executors and administrators to claim reasonable fees for their services, and attorneys may charge reasonable fees as well, subject to court approval if contested.
This guide provides an informational overview of the Bennington 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
Bennington Probate Division
Probate matters in Bennington County are handled at the Bennington Probate Division.
Address: 207 South Street, Bennington, VT 05201
Phone: (802) 447-2700 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM
Note: The court is closed the first Friday of each month from 12:30 to 4:30 p.m. for in-service training.
The Probate Division is located in downtown Bennington. It shares a building with other state offices.
Parking and Access
There is a parking lot available for the courthouse as well as street parking on South Street. The building is accessible to those with disabilities.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate: If the estate consists only of personal property valued at $45,000 or less, you may file a Petition to Open Small Estate.
- 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 Estate (Form 700-00001) with the Bennington Probate Division. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- List of Interested Persons (Form 700-00002)
- Filing fee (based on estate value)
- Consent to Appointment (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.
- Publish notice in a newspaper of general circulation in Bennington County (such as the Bennington Banner) if the address of any interested person is unknown or if requested by the court.
Step 4: Attend the Hearing
The court will 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 (if required)
- Inventory and appraise all estate assets within 30 days of appointment
- Pay valid creditor claims
- File federal and state tax returns as needed
- Distribute assets to beneficiaries
- File a final accounting and petition for discharge
Local Requirements
Bennington County-Specific Procedures
- E-filing: The Vermont Judiciary uses the Odyssey File & Serve system. Attorneys are generally required to e-file, while self-represented litigants may file in paper.
- Bond requirements: The court may require a fiduciary bond unless the will waives it or all beneficiaries consent to waive it.
- Publication: Notice to creditors is typically published in the Bennington Banner.
- Inventory: A detailed Inventory of all assets must be filed with the court within 30 days of appointment.
Always check with the court clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Bennington County)
Filing fees in Vermont are based on the value of the estate (32 V.S.A. § 1434):
- Estates $10,000 or less: $50
- Estates $10,001 to $50,000: $100
- Estates $50,001 to $150,000: $250
- Estates $150,001 to $500,000: $500
- Estates over $500,000: $1,050
- Certified copies of Letters: $10 per certified copy
- Publication costs: approximately $90-$220 depending on the newspaper
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
Creditors have 4 months from the date of publication to file claims, which sets a minimum duration for most formal probates.
Local Resources
Bennington County Court Resources
- Court Website: vermontjudiciary.org
- Probate Self-Help: Vermont Judiciary Probate
- Vermont Probate Forms: Estates and Wills
Legal Aid and Attorney Referrals
- Vermont Bar Association: (802) 223-2020 — Lawyer Referral Service
- Legal Services Vermont: (800) 889-2047 — Civil Legal Aid
- Vermont Bar Lawyer Referral: vtbar.org
Publication
- Bennington Banner: (802) 447-7567 — benningtonbanner.com
- Manchester Journal: (802) 362-2222 — manchesterjournal.com