How to Make a Will in Vermont

If you're a resident of Vermont and thinking about making a will, you should understand what a will is and how to create one. A will, also called a "last will and testament," can help you protect your family and your property.

You can use a will to:

• leave your property to people or organizations
• name a personal guardian to care for your minor children
• name a trusted person to manage property you leave to minor children, and
• name an executor, the person who makes sure that the terms of your will are carried out.

Your will can dispose of any property you own at the time you make it and that your estate acquires after your death. (Vt. Stat. tit. 14, § 3 (2025).)

Below you'll find an overview of what a will can do for you, what Vermont laws require for making a valid will, and what the process looks like.

Steps to Create a Will in Vermont

Here's a quick checklist for making a will in Vermont:

1. Decide what property to include in your will.
2. Decide who will inherit your property.
3. Choose an executor to handle your estate.
4. Choose a guardian for your children.
5. Choose someone to manage children's property.
6. Make your will.
7. Sign your will in front of witnesses.
8. Store your will safely.

What Happens If I Die Without a Will in Vermont?

In Vermont, if you die without a will, your property will be distributed according to state "intestacy" laws. Vermont's intestacy law gives your property to your closest relatives, beginning with your spouse and children. If you have neither a spouse nor children, your grandchildren or your parents will get your property. This list continues with increasingly distant relatives, including siblings, grandparents, aunts and uncles, cousins, nieces, and nephews. If the court exhausts this list to find that you have no living relatives by blood or marriage, the state will take your property. (Vt. Stat. tit. 14, §§ 311, 312, 313, 314, 681; 683 (2025).)

Can I Make My Own Will in Vermont?

Yes. You can make your own will in Vermont, using Nolo's Quicken WillMaker & Trust. However, you might want to consult a lawyer in some situations. For example, if you think that your will might be contested or you have especially complicated goals, you should talk with an attorney. See Do I Need an Attorney to Make My Estate Plan?

Legal Requirements for a Valid Will in Vermont

To make a will in Vermont, you must be:

• 18 years or older (or an emancipated minor), and
• of sound mind.

(Vt. Stat. tit. 14, § 1 (2025).)

You must make your will in writing on actual paper. It can't be on audio, video, or a digital file. (See "Can I Make a Digital or Electronic Will?" below.) (Vt. Stat. tit. 14, § 5 (2025).)

How to Sign and Execute My Vermont Will

To finalize your will in Vermont:

• you must sign your will in front of two witnesses, and
• your witnesses must sign your will in front of you and each other.

(Vt. Stat. tit. 14, § 5 (2025).)

It is best to use "disinterested" witnesses who won't inherit anything from your will because a court can void any gift in the will to a witness or a witness's spouse. (Vt. Stat. tit. 14, § 10 (2025).)

If you are in the military, Vermont will recognize your will if it is prepared and signed in compliance with federal law for military wills. Your military will must contain a provision stating that it was prepared and executed in compliance with 10 U.S.C. § 1044d. (Vt. Stat. tit. 14, § 7 (2025).)

Do I Need to Have My Will Notarized in Vermont?

No, you don't need to notarize your will to make it legal in Vermont. However, Vermont allows you to make your will "self-proving," and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

To make your will self-proving, you and your witnesses will go to the notary and sign an affidavit. The affidavit must state that:

• you signed the will and intended it to be your will—or you had someone else sign it for you in your presence if you are physically unable to sign
• you signed the will freely and voluntarily
• each witness signed at your request, in your presence, and in each other's presence, and
• the witnesses believed you to be at least 18 (or any emancipated minor), of sound mind, and under no constraint or undue influence.

(Vt. Stat. tit. 14, § 108 (2025).)

Can I Make a Digital or Electronic Will in Vermont?

In a handful of states, you can make a legal will digitally—that is, you can make the will, sign it, and have it witnessed without ever printing it out. Although such electronic wills are currently available in only a minority of states, many other states are considering making electronic wills legal. It is generally assumed that most states will allow them in the near future. However, Vermont currently doesn't allow e-wills.

Can I Choose and Appoint an Executor in My Vermont Will?

Yes. In Vermont, you can use your will to name an executor who will ensure that the provisions in your will are carried out after your death. Nolo's Quicken WillMaker & Trust produces a letter to your executor that generally explains what the job requires. If you don't name an executor, the probate court will appoint someone to take on the job of winding up your estate.

Can I Revoke or Change My Will in Vermont?

In Vermont, you may revoke or change your will at any time. You can revoke your will by:

• burning, tearing, canceling, obliterating, or destroying all or part of your will with the intent to revoke it
• ordering someone else to burn, tear, cancel, obliterate, or destroy all or part of your will in front of you with the intent to revoke it, or
• making a new will that says it revokes the old one or that has contradictory terms to the old one.

(Vt. Stat. tit. 14, § 11 (2025).)

If you have two wills and it's not clear whether you revoked the old will or not, Vermont has rules that determine whether your new will revokes the old one or simply adds to it. Vermont law presumes you intended to revoke your old will if the new will disposes of all of your estate. If you didn't dispose of all of your estate in your new will, Vermont law presumes you only meant to add on to your old will. If the new will doesn't revoke the old will, the executor should follow the instructions in both wills. If there's a contradictory term, the executor should follow the instructions of the new will for that particular term. (Vt. Stat. tit. 14, § 11 (2025).)

If you and your spouse divorce, Vermont law revokes any language in your will that leaves property to your spouse or names your spouse as your executor. This rule doesn't apply if you specifically state in your will that divorce shouldn't affect the provisions in your will concerning your spouse. (Vt. Stat. tit. 14, § 320 (2025).)

If you want to change your will, it's best to revoke it and make a new one. However, if you have only very simple changes to make, you could add an amendment to your existing will—this is called a codicil. In either case, you will need to finalize your changes with the same formalities you used to make your original will (see above).

Next Steps

You can find Vermont's laws about making wills here: Vermont Statutes Title 14 Decedents' Estates and Fiduciary Relations Chapter 1 Wills.

To make your own will—as well as other estate planning documents, such as powers of attorney, advance health care directives, and living trusts—try Nolo's Quicken WillMaker & Trust.

Frequently Asked Questions

If you're still looking for information, check out these answers to frequently asked questions on Vermont wills.

Can a will help me avoid probate?

No. A will doesn't avoid probate. Instead, it acts as instructions to the probate court. If you want to avoid probate in Vermont, consider other estate planning strategies like a living trust or joint tenancy.

What's the cost of making a will in Vermont?

The cost for a lawyer to make a will depends on several factors, including the complexity of your finances, where you live in Vermont, and whether you want an entire estate plan with multiple documents. A simple will without other estate planning documents likely will cost at least a few hundred dollars—and potentially more than $1,000. DIY resources, like Nolo's Quicken WillMaker & Trust, will cost significantly less than hiring an attorney.

Where should I store my will after it's signed?

There are several options for places to store your will, and each has pros and cons. Some options are the court (discussed below), your home, your lawyer's office, or a safe deposit box (but ensure the bank will let your executor or other trusted people access it after your death). Wherever you store it, make sure the right people know where it is, so the probate process can start as soon as possible without confusion or delay. For more information, read How to Safely Store Your Will.

Do I need to file my will with the court or government after making it?

No. Your will doesn't need to be filed with the court or government until after your death. However, Vermont allows will makers to deposit their wills with the Probate Division of the Superior Court for safekeeping. The court will keep the will under seal during the will maker's lifetime. (Vt. Stat. tit. 14, § 2 (2025).)

Can a will help me avoid estate taxes?

No. A will won't help you avoid estate taxes. Unlike most states, Vermont does have an estate tax. The federal government also has an estate tax, but very few estates are wealthy enough to owe federal estate taxes. If your estate is large enough to owe state or federal estate tax, you should consider working with an estate planning attorney. For more information on estate taxes, read Estate Tax: Will Your Estate Have to Pay?

Can someone challenge my will?

Yes, it's theoretically possible that someone could challenge your will. But very few wills are challenged in court because it's difficult to challenge a will.