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Can a will be delivered to someone else on request or application to the Probate Division of the Superior Court during lifetime of the testator?

Can a will be delivered to someone else on request or application to the Probate Division of the Superior Court during lifetime of the testator?

Full question:

I deposited my will with the Probate Division of the Superior Court. In my lifetime, can my will be delivered to someone else on request or application? I am a resident of Vermont.

Category: Wills and Estates
Date: 04/07/2025
State: Vermont

Answer:

No. The testamentary laws in Vermont do not permit delivery of the will to any person other than the testator during his/her lifetime. A testator may deposit his/her will for the purpose of safekeeping in the in the Probate Division of the Superior Court for the district where the testator is a resident. Furthermore, the law also states that during the lifetime of the testator the will may be delivered only to the testator. The relevant statutory provision in this regard is stated below.

14 V.S.A. § 2:

“(a) A testator may deposit a will for safekeeping in the Probate Division of the Superior Court for the district in which the testator resides on the payment to the Court of the fee required by 32 V.S.A. § 1434(a)(17). The register shall give to the testator a certificate of deposit, shall safely keep each will so deposited, and shall keep an index of the wills so deposited.

(b) Each will so deposited shall be inclosed in a sealed wrapper having inscribed thereon the name and residence of the testator, the day when and the person by whom it was deposited, and the wrapper may also have indorsed thereon the name of the person to whom the will is to be delivered after the death of the testator. The wrapper shall not be opened until it is delivered to a person entitled to receive it or until otherwise disposed of as hereinafter provided.

(c) During the life of the testator that will shall be delivered only to the testator, or in accordance with the testator's order in writing duly proved by oath of a subscribing witness, but the testator's duly authorized legal guardian may at any time inspect and copy the will in the presence of the judge or register. After the death of the testator it shall be delivered on demand to the person named in the indorsement.”

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long to settle an estate after probate?

The time it takes to settle an estate after probate can vary widely. In Vermont, the process typically takes several months to over a year, depending on the complexity of the estate, the number of beneficiaries, and any potential disputes. Generally, the executor must complete tasks like notifying creditors and distributing assets within a reasonable timeframe. However, the specific timeline can differ based on individual circumstances and court schedules.

What happens 6 months after probate?

Six months after probate begins, the executor should have completed initial tasks, such as notifying creditors and gathering assets. In Vermont, this period often allows creditors to file claims against the estate. If no claims are made, the executor can proceed with distributing the remaining assets to beneficiaries. However, if disputes arise or claims are filed, the process may take longer.

Why do you have to wait 6 months after probate?

The six-month waiting period after probate in Vermont allows creditors time to present their claims against the estate. This is important to ensure that all debts are settled before distributing assets to beneficiaries. If claims are made, the executor must address them before finalizing distributions. This period helps protect the estate from future liabilities.

How does probate court validate a will?

Probate court validates a will by reviewing its authenticity and ensuring it meets legal requirements. In Vermont, this includes verifying that the will is properly signed and witnessed as per state law. The court may also assess whether the testator had the capacity to make the will. Once validated, the will is admitted to probate, allowing the executor to manage the estate according to its terms.

Does a will have to go through probate in Vermont?

Yes, in Vermont, a will typically must go through probate to be legally recognized. The probate process ensures that the will is validated and that the estate is administered according to the testator's wishes. However, certain small estates may qualify for simplified procedures that can bypass full probate, depending on the value of the assets involved.

How long do you have to claim inheritance from a will?

In Vermont, beneficiaries usually have a limited time to claim their inheritance after a will has been probated. The timeframe can vary based on the estate's circumstances, but generally, claims should be made promptly after the probate process begins. If you believe you are entitled to an inheritance, it is advisable to act quickly and consult with a legal professional to ensure your rights are protected.