{"id":376864,"date":"2016-04-11T01:24:12","date_gmt":"2016-04-11T06:24:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/vermont-law\/vermont-probate-and-estate-tax-laws.html"},"modified":"2016-06-20T19:51:43","modified_gmt":"2016-06-21T00:51:43","slug":"vermont-probate-and-estate-tax-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/vermont-law\/vermont-probate-and-estate-tax-laws.html","title":{"rendered":"Vermont Probate and Estate Tax Laws"},"content":{"rendered":"\n
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Vermont Probate and Estate Tax Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A family dealing with the death of a loved one faces an array of emotional and stressful moments. On top of it all, tackling the probate<\/a> and estate tax laws<\/a> that always accompany death can be the ultimate tipping point. Gaining a basic understanding of probate<\/a> and the estimated amount of taxes an estate may possibly owe can make getting through this process a little easier. This is a quick summary of the probate and estate tax laws in Vermont.<\/p>\n

Vermont Probate and Estate Tax Laws Promote Proper Estate Planning<\/h2>\n

The best way to ensure that your property goes to the proper places after your death is by creating a valid will. Under Vermont probate laws, a will may not pass any real or personal property to a beneficiary unless the will is proved and allowed in the state’s probate division. If the validity of a will<\/a> fails in probate, the decedent’s property will then pass through intestate succession<\/a>.<\/p>\n

The following table outlines the specifics of Vermont probate and estate tax laws.<\/p>\n\n
Code Sections<\/b><\/td>\n

Vermont Statute Title 14 Chapter 3<\/a>: Probate And Procedure For Construction Of Wills<\/p>\n

Vermont Statute Title 21 Chapter 190<\/a>: Estate and Gift Tax<\/p>\n<\/td>\n<\/tr>

Probate Hearing and Notice<\/b><\/p>\n<\/td>\n

Under Vermont probate laws, when a will is delivered to probate accompanied by a petition to commence a probate proceeding, the court must schedule a hearing<\/a> and notice<\/a> must be given to beneficiaries within 30 days of allowing the will into probate.<\/p>\n<\/td>\n<\/tr>

Vermont Estate Taxes<\/b><\/p>\n<\/td>\n

If the decedent is a resident of Vermont at the time of death, the base amount of the estate tax is the sum of the credit for death taxes allowable to a decedent’s estate under federal law<\/a>. This base amount shall be reduced by the lesser of the following:<\/p>\n

Federal Estate Taxes<\/b><\/p>\n<\/td>\n

Several federal tax matters affect the estate of persons who die in Vermont. Some of the most common federal tax matters are:<\/p>\n