Overview
Lamoille County is located in Vermont with a population of approximately 26,000. The Vermont Superior Court, Lamoille Unit, 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 that do not include real estate (other than a timeshare). This process requires filing a Petition to Open Small Estate and paying a reduced filing fee of $50.00.
Vermont does not have a statutory fee schedule for attorney or executor fees; fees must be reasonable and are subject to court approval if contested.
This guide provides an informational overview of the Lamoille 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, Lamoille Unit, Probate Division
Probate matters in Lamoille County are handled at the Lamoille County Courthouse.
Address: 154 Main Street, Hyde Park, VT 05655 (Mailing: PO Box 570)
Phone: 802-888-3887
Hours: Monday through Friday, 8:00 AM to 4:30 PM (Closed 2nd Thursday of each month from 12:30 PM to 4:30 PM)
The Probate Division is located in the historic courthouse in Hyde Park. It handles wills, estates, guardianships, and adoptions.
Parking and Access
Limited free parking is available alongside and directly behind the courthouse building. Street parking is also available on Main Street.
Filing Process
Step 1: Determine If Probate Is Necessary
Before filing, assess whether formal probate is required:
- Small Estate Procedure: If the estate is valued at $45,000 or less and includes no real estate (except timeshare), you may file a Petition to Open Small Estate.
- Survivorship/Joint Tenancy: 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 Vermont Superior Court, Lamoille Unit, 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—see fee schedule below)
- Any additional required documents
E-filing via eFile & 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 in a newspaper of general circulation in Lamoille County (e.g., News & Citizen) if required by the court, typically for a duration of two successive weeks.
Step 4: Attend the Hearing
The court will schedule a hearing on the petition. 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:
- Notify creditors — creditors have 4 months from the date of publication to file claims.
- 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
Lamoille County-Specific Procedures
- E-filing: Mandatory for attorneys; optional for pro se litigants via eFile & Serve.
- 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 News & Citizen or Stowe Reporter.
- Inventory: Must be filed within 30 days of appointment.
Always check with the court clerk for the most current local rules and requirements.
Timeline & Fees
Filing Fees (Lamoille County)
Vermont uses a tiered fee structure based on estate value:
- Estate $10,000 or less: $50.00
- Estate $10,001 to $50,000: $110.00
- Estate $50,001 to $150,000: $265.00
- Estate $150,001 to $500,000: $500.00
- Estate $500,001 to $1,000,000: $1,000.00
- Estate over $1,000,000: Higher fees apply
- Small Estate Petition (estates $45,000 or less with no real estate): $50.00
- Certified copies of Letters: approximately $10.00 per certified copy
- Publication costs: approximately $100-$200 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): 6-12 months
- Average estates: 9-18 months
- Complex or contested estates: 18 months to 2+ years
Factors affecting timeline include the 4-month creditor claim period, tax return processing, and any litigation.
Local Resources
Lamoille County Court Resources
- Court Website: Vermont Judiciary - Lamoille Probate
- Probate Self-Help: Vermont Judiciary Probate Info
- Vermont Probate Forms: Official Court Forms
Legal Aid and Attorney Referrals
- Vermont Bar Association: 802-223-2020 — Lawyer Referral Service
- Legal Services Vermont: 1-800-889-2047 — Legal Aid
- Vermont Bar Lawyer Referral: vtbar.org
Publication
- News & Citizen: 802-888-2212 — Local Lamoille County news
- Stowe Reporter: 802-253-2101 — Serving Stowe and surrounding areas
- Seven Days: 802-864-5684 — Regional circulation