Every adult in Vermont should have a will. Not because dying without one is uncommon — it isn’t — but because the alternative is letting a Vermont statute make choices you’d almost certainly make differently.
A will is one of the simplest legal documents you’ll ever sign, and one of the most consequential. Here’s what you actually need to know to make one that works.
What a Vermont Will Does
A will is a written record of three main choices:
- Who gets what. Your specific gifts (the antique clock to your daughter, the Green Mountain cabin to your son), and how the rest of your estate should be divided.
- Who’s in charge. Your executor — the person or professional handling the estate through probate and making sure your instructions are followed.
- Who cares for minor children. Your guardian — the person you’d choose to raise your kids if both parents were gone.
That’s it. Vermont wills can also include tax planning, trust provisions, and specialized directions, but the three questions above are the core.
The Legal Requirements for a Valid Vermont Will
Vermont law is specific about what makes a will valid. Getting any of the following wrong can invalidate the entire document.
1. The Testator’s Capacity
The person making the will (the testator) must be at least 18 years old and of sound mind. “Sound mind” in Vermont law means understanding, in a general sense, what property you own, who your natural beneficiaries are, and what a will does.
2. The Signature
You have to sign the will yourself at the end of the document. Vermont recognizes a signature by mark (an X or similar), and someone else can sign on your behalf if you’re unable, provided it’s done in your presence and at your direction.
3. The Witnesses
Vermont requires two competent witnesses who see you sign the will (or acknowledge your signature to them) and who sign the will themselves in your presence.
Vermont also permits self-proving affidavits — a notarized statement signed by you and both witnesses at the same time as the will. A self-proving will streamlines Vermont probate significantly, because the court doesn’t need to track down the witnesses years later to confirm they saw you sign.
Practical tip: always make your will self-proving. It costs nothing extra and can save your family thousands of dollars and months of probate delay.
What Happens If You Don’t Have a Will
If you die in Vermont without a will — the legal term is dying intestate — Vermont’s intestate succession statute (14 V.S.A. § 311 and following) decides who inherits.
The general rule looks something like this (simplified):
- Married with no descendants: your spouse inherits everything.
- Married with descendants who are all descendants of your spouse: your spouse inherits everything.
- Married with descendants who are not all descendants of your spouse: your spouse gets the first $75,000 plus half of the remainder; your descendants share the other half.
- Unmarried with descendants: your descendants inherit in equal shares (with per stirpes distribution to grandchildren of a deceased child).
- No spouse or descendants: parents inherit, then siblings, then more distant relatives.
Reasonable rules, but rarely a match for what most people would actually choose. Consider:
- Your intestate estate goes to legal spouses and blood relatives. It does not go to unmarried partners, close friends, stepchildren you never adopted, or charities you care about — unless you name them in a will.
- Guardianship of your minor children becomes a court decision informed by testimony, not your written wishes.
- Your executor is chosen by the probate court, not by you.
Common Vermont Will Mistakes
The mistakes we see repeatedly:
Handwritten wills without proper witnesses. Vermont does not recognize purely holographic (handwritten) wills unless they meet the standard two-witness requirement. A note in a nightstand isn’t a will.
Wills from other states that don’t meet Vermont requirements. If you moved to Vermont from another state, have your will reviewed. It’s usually valid but not always.
Naming the wrong executor. Adult children as executors makes sense sometimes and creates family conflict other times. Think carefully.
Skipping the residuary clause. A residuary clause captures anything you didn’t specifically name. Without it, unaddressed property passes as if you had no will at all.
Forgetting about probate avoidance. A will alone does not avoid Vermont probate. It just makes probate go where you want. If your estate is substantial or you own Vermont real estate, a trust-based plan is often the better choice.
Never updating. A will from before your marriage, before your kids were born, or before you owned a home is a will for a person you no longer are. Review every 5 years or after any major life change.
When a Will Is Enough, and When a Trust Makes Sense
For many Vermonters, a well-drafted will paired with a durable power of attorney and an advance directive is a complete estate plan. This is our Will-Based Plan, and the fee is confirmed in writing following the consultation, before any drafting begins.
A trust-based plan — built around a revocable living trust — is usually the better choice if:
- You own real estate in Vermont (a funded trust avoids probate on that real estate)
- You want your estate to pass privately without a public probate proceeding
- You want to build in ongoing trusts for children or beneficiaries with specific needs
- You have a blended family and want careful control over distributions
- Your estate is large enough that tax planning matters
The Trust-Based Plan includes the trust, a pour-over will, powers of attorney, advance directives, and guidance on funding the trust so that it operates as intended. The fee is confirmed in writing following the consultation, before any drafting begins.
The Simple Path to Making a Will in Vermont
Here’s how to actually get it done:
- List what you own. Real estate, financial accounts, valuable personal property, life insurance, retirement accounts. You don’t need exact numbers — just the categories.
- List who you want to inherit. Spouse, children, other family, friends, charities. Note anyone you specifically want to disinherit.
- Choose your executor. Someone organized, trustworthy, and willing. Adult child, sibling, or trusted friend.
- Choose a guardian if you have minor children. This is the most important choice for young parents.
- Talk to an attorney. A will you sign without professional review is often a will your family will contest.
At Basha Law, we prepare Vermont wills as part of complete estate plans on transparent flat-fee engagements. Every plan includes unlimited revisions before signing, supervised execution of the documents, and clear explanations of every provision.
You leave the process with documents that work — and, more importantly, with confidence that the people you love will be taken care of.
Have a Vermont estate planning question? Schedule a consultation with Attorney Basha, or call (802) 448-4341.