What is the difference between common and solemn form probate in Vermont? | Vermont Probate | FastCounsel
VT Vermont

What is the difference between common and solemn form probate in Vermont?

Detailed Answer

In Vermont, probate follows either a summary process for small estates or a formal administration for larger or contested estates. While North Carolina refers to “common” and “solemn” form probate, Vermont’s summary and formal processes serve similar purposes:

Summary Probate for Small Estates

Under 14 V.S.A. § 328 (Summary Process for Small Estates), estates valued at $50,000 or less qualify for summary probate. The court issues an order to distribute assets without appointing a full personal representative:

  • Petitioner files an affidavit identifying heirs and estate value.
  • No formal hearing if no heir objects within designated notice period.
  • Assets distribute directly to heirs per statute.

Formal Probate

For estates exceeding $50,000 or those involving potential disputes, Vermont uses formal probate under 14 V.S.A. Chapter 13 (Formal Probate Procedures):

  • The court issues letters of appointment to a personal representative.
  • The personal representative inventories assets, provides notice to creditors, and files periodic accountings.
  • Heirs or creditors may contest wills or administration actions.
  • Probate typically requires a hearing to resolve disputes.

Helpful Hints

  • Determine estate value early to choose the correct process.
  • Gather a list of assets, debts, and potential heirs before filing.
  • File required notices promptly to avoid delays or defaults.
  • Consider hiring a probate attorney for formal administration.
  • Keep clear records of all transactions and court filings.

Disclaimer: This article provides general educational information about Vermont probate procedures. It does not constitute legal advice. For guidance specific to your situation, consult a qualified probate attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.