When does a will take effect after my death?

Full question:

I made a will regarding disposal of my property and have deposited it with the Probate Division of the Superior Court. My children are unware of its existence and shall only be informed by my attorney after my death. When does the will I made come into effect? Is it soon after my death or is it after probate proceedings?

Answer:

A will does not take effect immediately upon death. It only comes into effect once it is proved and allowed during probate proceedings. This means that the estate, both real and personal, does not pass to the beneficiaries until the court has validated the will. According to Vermont law, specifically 14 V.S.A. § 101, a will must be proved and allowed in the probate division of the superior court, or by appeal in the superior or Supreme Court, for it to be effective.

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

The disposition of the estate in a will refers to how the deceased person's assets and property are distributed among the beneficiaries. The will outlines specific bequests, such as who receives particular items or amounts of money, and it may also specify how the remainder of the estate is divided. This distribution only takes effect once the will is validated during probate proceedings.