Make a Vermont Last Will and Testament

Vermont State Last Will and Testament Laws

Definition of Will -

Laws - Title 14 (Descendants’ Estates and Fiduciary Relations)

Witnesses - According to 14 V.S.A § 5, the Will must be signed by two (2) witnesses in the presence of the Testator.

A Sample Vermont Last Will and Testament with Examples of Each Step

Step 1 - Using the template provided by FormSwift, provide your legal name and your gender.

Step 2 - Enter your city and county of residence.

Step 3 - Select your marital status from one of the following choices:

• Single
• Married
• Separated
• Divorced
• Widowed

If you are not legally considered single, enter the name of your spouse.

Step 4 -  If you have children, pets, property, or life insurance policies, enter that information here.

Step 5 - Enter the names of your children, if they are living, and whether or not they will be named as beneficiaries in your will. Now, enter the names of pets. Finally,  enter information about life insurance policies you own.

Step 6 - Enter the amount of money or percentage of your property you’d like to leave each child.

Step 7 - If you’d like to set up a trust for someone who is mentally ill or for someone who has a disability of some kind, state that here. Setting up a trust for a person with special needs or a disability, especially if they require special care, can prevent interference with their ability to receive Supplemental Security Income and Medicaid benefits.

Step 8 - First, enter the age that your children must be in order to start receiving benefits from their trust. Then, enter how much of the trust will be received. Finally, enter the age they will be when the benefits end.

Step 9 - If there is a specific funeral home you want to use, list the information during this step.

Step 10 - Would you like a specific food to be served at the meal after the funeral service? Would you like the meal to be served at a particular place? If you have that information or other specific burial arrangement information, enter it here.

Step 11 - Naming your Executor - Your Executor is a person who is charged with administering your estate after you die. Your Executor can be a beneficiary in your Will or your attorney. This is an important step. If you do not name an Executor, the Virginia probate court will name one for you, and it may not be someone you wanted. Provide the following information to nominate an Executor:

• Executor’s name
• Relationship to you

Also, if you’d like to provide an alternate Executor, or if there is someone you do not want to act as your Executor, provide their name and relationship to you as well.

Step 12 - Appointing a Trustee - If your assets are set up in a trust, you must appoint a person, known as a Trustee, to disperse your assets once you die. You should also consider appointing an alternate Trustee. If your assets are in a trust, provide the following information for the Trustee and the alternate Trustee:

• Name of your Trustee
• Your relationship with them

Step 13 - Digital Executor - A Digital Executor is someone charged with distributing your digital assets. Digital assets can include, and are not limited to, trademarks, copyrights, valuable photos, digital currency, etc. If you have digital assets and wish to appoint a Digital Executor, provide the following information:

• Name of your Digital Executor
• Relationship with you

Step 14 - Guardian for Your Minor Children - If you have minor children, you should appoint a guardian to care for them. You may also wish to appoint an alternate guardian or a conservator. To appoint a guardian, alternate guardian, and/or a conservator, provide the following information:

• Name
• Relationship to you

Step 15 - Additional Beneficiaries - If you wish to appoint additional beneficiaries besides your children, provide the following information:

• Name of Beneficiary
• Relationship to you
• Inheritance amount/percentage

Step 16 - Disinheriting a Beneficiary - If you want to disinherit a spouse, a child, or another beneficiary, provide the following information:

• Disinherited individual’s name
• Relationship to you

Step 17 - Witnesses - Provide the following information for each of the witnesses in your Will:

• Name
• Address (including city, state, zip code)
• Telephone number

In Vermont, you need two witnesses present when you sign your will, and they must also sign the document. Once it is properly executed, keep your will in a safe place!

Why do you need a Vermont last will and testament form?

Having a legal last will and testament in the State of Vermont is an important step in the estate planning process. A will is a legal document that allows you to explain your wishes for the distribution of your belongings when you die. Wills can include bank accounts, real property, jewelry, vehicles, or any other personal effects. You can also use it to appoint a guardian to care for your minor children, make one time or on-going charitable donations, or to establish a pet trust to care for your pets.

The benefits of having a will

There is no legal requirement for having a last will and testament in Vermont. There are many advantages to having one.

• The main advantage is that you can name an executor of your will. This a person who will be legally responsible for carrying out the wishes that you express in your will.
• It also allows you to detail what you would like done with all of your assets including financial, physical, and digital.
• You can also name a guardian for your minor children.
• A will in Vermont also allows you to create a pet trust.
• You can use your will to make one time or on-going charitable donations.
• The State of Vermont offers an expedited probate process for estates worth less than $10,000.

The costs of not having a will

Without a will in the State of Vermont, intestacy laws become enacted. The Vermont probate courts follow the law to determine how your assets are distributed and who will care for your minor children. These decisions may not be in line with your desires. In the State of Vermont, without a will, a surviving spouse will inherit the entire estate left by the testator. Conversely, if there are only surviving children and no spouse, the children would split the estate. If there are both a surviving spouse and children from a different relationship, the spouse would inherit half of the estate with the rest going to the children. If there is no surviving spouse or children, the courts will determine the next closest relative to inherit the estate. If a relative cannot be located, the State of Vermont becomes the beneficiary of the estate and absorbs the assets.