Overview
Chittenden County is located in Vermont with a population of approximately 168,323. The Chittenden 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 Decedent's 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 consisting solely of personal property valued at $45,000 or less. This process is faster and requires less court supervision than formal probate.
Vermont does not have a statutory fee schedule for attorneys or executors based on a percentage of the estate; fees must be "reasonable" based on services performed.
This guide provides an informational overview of the Chittenden 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
Chittenden Probate Division
Probate matters in Chittenden County are handled at the Vermont Superior Court, Chittenden Unit.
Address: 175 Main Street, Burlington, VT 05401
Phone: 802-651-1518 (Probate Division)
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed the second Tuesday of each month, noon to 4:00 PM, for in-service training)
The Probate Division is located within the main courthouse in downtown Burlington. It handles wills, estates, guardianships, and adoptions.
Parking and Access
Public parking is available in nearby municipal garages (e.g., Marketplace Garage) and metered street parking. Security screening is required upon entry to the courthouse.
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 (Form 700-00001SM).
- Non-Probate Transfers: Assets with named beneficiaries (life insurance, IRAs) or held in joint tenancy pass directly to survivors.
- 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 Decedent's Estate (Form 700-00001) with the Chittenden Probate Division. Include:
- Original Will (if applicable)
- Certified Death Certificate
- List of Interested Persons (Form 700-00002)
- Filing Fee (varies by estate value)
- Consent forms from heirs (if available to speed up the process)
E-filing is available and encouraged through the Vermont Judiciary's electronic filing 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 to creditors in a newspaper of general circulation (e.g., Seven Days or Burlington Free Press) if required by the court.
Step 4: Attend the Hearing
The court may schedule a hearing to review the petition. If the petition is in order and there are no objections, the judge issues Letters Testamentary (for wills) or Letters of Administration (no will), granting you authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Notify 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 taxes
- File a Fiduciary's Account showing all income and disbursements
- Distribute assets to beneficiaries
- File a Motion for Decree of Distribution to close the estate
Local Requirements
Chittenden County-Specific Procedures
- E-Filing: The Vermont Judiciary utilizes an electronic filing system. Attorneys are generally required to e-file; self-represented litigants may file in paper or electronically.
- Bond: The court may require a surety bond unless the will waives it or all beneficiaries consent to waive it.
- Inventory: A detailed Inventory of all assets must be filed within 30 days of appointment.
- Publication: Notice to creditors is typically published in Seven Days or the Burlington Free Press.
Always check with the court clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Chittenden County)
Filing fees in Vermont are determined by the value of the estate assets:
- Small Estates ($10k or less): approximately $50
- Estates over $10k: Sliding scale (typically $100 - $1,200+ depending on value)
- Certified copies: approximately $10 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
Payment Methods
The court accepts checks, money orders, and credit cards (via e-filing or in person with a surcharge). Checks should be made payable to "Vermont Superior Court".
Estimated Timelines
- Simple estates: 6-9 months
- Average estates: 9-12 months
- Complex or contested estates: 12 months to 2+ years
The creditor claim period is 4 months, which sets a minimum duration for most formal probates.
Local Resources
Chittenden County Court Resources
- Court Website: vermontjudiciary.org
- Probate Self-Help: Vermont Judiciary Wills, Estates & Trusts
- Vermont Probate Forms: Court Forms
Legal Aid and Attorney Referrals
- Vermont Bar Association Lawyer Referral: 800-639-7036 — vtbar.org
- Legal Services Vermont: 800-889-2047 — legalservicesvt.org
Publication
- Seven Days: 802-864-5684 — sevendaysvt.com
- Burlington Free Press: 802-660-1800 — burlingtonfreepress.com