✓ Verified June 2026
This guide covers Vermont estate planning in plain English — the exact age, witness, and notarization rules, whether a handwritten will is valid, and how to make your will self-proving. All figures are from Vermont law, verified as of June 2026.
In This Vermont Guide:
Vermont Will Requirements at a Glance
Here are the exact rules for making a valid will in Vermont:
| Minimum age to make a will | 18 years old, or an emancipated minor by court order (14 V.S.A. § 108) |
| Witnesses required | 2 — the testator must sign (or direct another to sign) in the presence of two witnesses, and each witness must sign at the request of the testator, in the testator’s presence, and in the presence of the other witness (14 V.S.A. § 108) |
| Notarization required | NO — notarization is not required to create a valid will in Vermont. However, adding a self-proving affidavit (which does require notarization) streamlines probate by eliminating the need for witnesses to testify later |
| Handwritten (holographic) will allowed | NO — Vermont does not recognize holographic (handwritten, unwitnessed) wills. A will must be in writing and signed before two witnesses to be valid |
| Self-proving affidavit available | YES — under 14 V.S.A. § 108, a will may be made self-proving by the sworn acknowledgment of the testator and both witnesses before a notary public or other official authorized to administer oaths. The affidavit confirms: (1) the testator signed the will (or directed another to sign) in the presence of two witnesses; (2) the signing was the testator’s free and voluntary act; (3) each witness signed at the testator’s request, in the testator’s presence, and in the presence of the other witness; and (4) to the best of each witness’s knowledge, the testator was at least 18 (or emancipated), of sound mind, and under no constraint or undue influence. A self-proving will may be admitted to probate without live witness testimony |
| Statutory will form | NO — Vermont does not provide an official statutory fill-in-the-blank will form. Third-party templates are available from legal form providers, and the Vermont Law Help website (vtlawhelp.org) offers general guidance. You may wish to consult with a licensed Vermont attorney or use a reputable legal service to draft a will that meets all requirements |
What a Vermont Will Does (and Doesn’t Do)
In Vermont, a valid will may: name a personal representative (executor) to manage the estate; name a guardian for minor children; direct how probate assets (real and personal property titled solely in the decedent’s name) are distributed; create testamentary trusts; make specific bequests of personal property or real estate; and specify funeral or burial wishes
What a Vermont will does NOT control: A Vermont will does not control: assets with a named beneficiary (life insurance, retirement accounts, payable-on-death bank accounts, transfer-on-death securities); property held in joint tenancy with right of survivorship; assets already placed in a living trust; or community property (Vermont is not a community property state, but jointly held property passes outside probate).
These assets pass by beneficiary designation or operation of law regardless of what the will says
Oral wills in Vermont: YES with narrow conditions — Vermont recognizes nuncupative (oral) wills under 14 V.S.A. § 5, but only for personal property valued at 200 dollars or less.
A memorandum of the oral will must be written by a person present at the time the will was spoken, within 6 days of making it, and the oral will must be presented for probate within 6 months of the testator’s death
How to Update or Revoke a Vermont Will
A Vermont will may be amended by executing a codicil, which must meet the same formalities as a will (written, signed before two witnesses).
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A will may be revoked by: (1) executing a later will or other written instrument with proper formalities that expressly revokes the prior will; or (2) burning, tearing, canceling, or obliterating the will, done by the testator or by another person at the testator’s express direction and in the testator’s conscious presence, with the intent to revoke.
A will may also be filed for safekeeping with the Probate Division of the Superior Court in the county where the testator resides; codicils may be filed at no additional fee
Other Vermont will-making rules: Vermont requires that within 30 days of learning of the testator’s death, the custodian of a will must deliver it to the Probate Division of the Superior Court where venue lies or to the executor named in the will (14 V.S.A. § 107).
Vermont offers a simplified probate process for smaller estates where personal property does not exceed 45000 in value, the decedent is survived by a spouse, children, or parent, and the decedent owned no real estate other than a timeshare. Vermont is not a Uniform Probate Code state.
A person named as executor who has knowledge of their appointment must file a death certificate and petition to open the estate with reasonable promptness
Your estate plan is only as good as your life insurance
Make sure your coverage and beneficiaries are current so your plan does what you intend.
Understanding Vermont Estate Planning
Getting started with Vermont estate planning is the single best gift you can give your family. A valid Vermont will lets you decide who inherits, name an executor, and name a guardian for your children — instead of leaving it to a default state formula.
When people look into Vermont estate planning, the real answer comes down to the state’s execution rules: your age, the number of witnesses, and whether you make it self-proving. If any part of Vermont estate planning is unclear, your state court’s self-help center can point you to the official forms and resources.
Official Vermont Sources & Resources
- Vermont Court Self-Help: https://www.vtcourts.gov/probate/estates-and-wills
- Vermont Wills Statute: https://legislature.vermont.gov/statutes/fullchapter/14/003
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Vermont will guide was last verified against official sources in June 2026. Laws change — verify with your state court or a licensed attorney.
More Vermont Wills & Probate Guides
- Vermont Probate Process
- Dying Without a Will in Vermont
- Vermont Estate & Inheritance Tax
- Vermont Small Estate Affidavit
- Vermont Living Trust
- Probate Cost Calculator
- All 51 States
Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.