Petition to Open an Estate in Probate Court
Fill out a Petition to Open Decedent’s Estate that you can file with the probate court. This is the form you need to start the probate process after someone has died. The “decedent” is the person who died.
You can find more information about the probate process on our website or on the Vermont Judiciary website.
You will pay a filing fee when you file your petition with the court. Or apply for a fee waiver.
Information checklist
Use this form to open an estate where there is a will, or where there is no will. You can also use this form for a small estate and for ancillary estates.
Before you start, you will need:
- the will, if there is one, including any “codicils” — these are changes or additions to the will
- a list of the property of the person who died and the approximate value of the property
- book and page number of any deed for real estate — this can be found at the town clerk’s office of the town where the real estate is located
- a copy of the death certificate, if starting a new case
- a list of “interested persons” — the people who have an interest or may have an interest in the property of the estate
- This can be very simple or very complicated. If you are just starting the probate process (opening an estate) you should know the “family tree” of the “decedent” — the person who died. If this information has already been filed, you will need a copy of that information.
If the person who died did not live in Vermont but had real estate in Vermont, you will need the court order giving you authority to open the estate here. This must be issued by the court in the other state where the person died. Most states call these “letters testamentary.”
In addition to the Petition to Open an Estate, you can also fill out the inventory for an estate. Follow this link to fill out the inventory.
PDF of the form to print or fill out
Here are:
- the PDF of the petition to open an estate and
- the PDF of the petition for a small estate (personal property valued at $45,000 or less and no real estate).
Find more estate court forms on the Vermont Judiciary website.