Overview
Franklin County is located in Vermont with a population of approximately 51,066. The Vermont Superior Court, Franklin 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 procedure for small estates valued at $45,000 or less (excluding real estate other than timeshares). This process is initiated by filing a Petition to Open Small Estate (Form 700-00001SM).
Executors and administrators are entitled to "reasonable fees" for their services under 14 V.S.A. § 1065, rather than a fixed statutory percentage.
This guide provides an informational overview of the Franklin 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
Vermont Superior Court, Franklin Probate Division
Probate matters in Franklin County are handled at the Franklin Probate Division.
Address: 17 Church Street, St. Albans, VT 05478
Phone: (802) 524-4112
Hours: Monday through Friday, 8:00 AM to 4:30 PM. Closed the last Monday of each month, 9:00 a.m. to noon, for in-service training.
The Probate Division is located in the historic courthouse in downtown St. Albans. It handles wills, estates, guardianships, and adoptions.
Parking and Access
Limited free parking is available directly behind the courthouse (accessible via the driveway). Additional on-street parking is available on Church Street and surrounding streets in downtown St. Albans.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate: 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.
- Survivorship/Beneficiary Designations: Assets with named beneficiaries or held in joint tenancy with rights of survivorship pass outside of probate.
- 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 Franklin Probate Division. Include:
- Original Will and Codicils (if any)
- Certified Death Certificate
- List of Interested Persons (Form 700-00002)
- Filing fee (varies by estate value, typically $50–$1,200)
- Consent forms from heirs (if applicable to speed up the process)
E-filing via Odyssey File & Serve is mandatory for attorneys and optional for self-represented litigants.
Step 3: Provide Notice
After filing, you must:
- Mail notice of the hearing to all heirs, beneficiaries, and interested parties.
- Publish notice to creditors in a newspaper of general circulation in Franklin County, such as the St. Albans Messenger or County Courier.
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 will issue Letters Testamentary or Letters of Administration, granting you authority to act.
Step 5: Administer the Estate
After receiving Letters, the personal representative must:
- Inventory and appraise all estate assets and file an Inventory (Form 700-00030) with the court within 30 days of appointment.
- Allow the 4-month creditor claim period to expire before final distribution.
- Pay valid creditor claims and estate expenses.
- File federal and state tax returns as needed.
- Distribute assets to beneficiaries.
- File a Summary of Account (Form 700-00005) and petition for discharge to close the estate.
Local Requirements
Franklin County-Specific Procedures
- E-filing: Vermont utilizes Odyssey File & Serve. Attorneys are required to e-file; pro se litigants may file in paper or electronically.
- Newspapers: The St. Albans Messenger and County Courier are commonly used for publishing legal notices in Franklin County.
- Bond: The court may require a fiduciary bond unless the will waives it or all heirs consent to waive it.
- Publication: Notice to creditors must be published to start the 4-month claim period.
Always check with the court clerk for the most current local rules and standing orders.
Timeline & Fees
Filing Fees (Franklin County)
Filing fees in Vermont are determined by the value of the estate:
- Estates $10,000 or less: ~$50
- Estates $10,001 - $50,000: ~$100
- Estates $50,001 - $150,000: ~$250
- Estates $150,001 - $500,000: ~$500
- Estates over $500,000: ~$1,000 - $1,200
- Certified copies of Letters: ~$10 per copy
- Publication costs: approximately $100-$200 depending on the newspaper
Note: Fees are subject to change. Check the current Vermont Judiciary Fee Schedule.
Payment Methods
The court accepts checks, money orders, and credit cards (credit cards may incur a convenience fee). E-filing fees are paid via the Odyssey system.
Estimated Timelines
- Simple estates (Small Estate): 2-4 months
- Average estates: 6-12 months
- Complex or contested estates: 12 months to 2+ years
The 4-month creditor claim period is a mandatory waiting period that affects the minimum timeline for closing a full estate.
Local Resources
Franklin County Court Resources
- Court Website: Vermont Judiciary - Franklin Probate
- Probate Self-Help: Vermont Judiciary Probate Info
- Vermont Probate Forms: Vermont Judiciary Forms
Legal Aid and Attorney Referrals
- Vermont Bar Association: (802) 223-2020 — Attorney Referral Service
- Legal Services Vermont: (800) 889-2047 — Legal Help