Key Takeaways

Key Takeaways Vermont probate takes 6-12 months and is required for most inherited properties, though estates under $45,000 may qualify for simplified small estate procedures Multiple heirs create complications - any heir can force a partition sale through the courts, often resulting in below-market sale prices No will means Vermont's intestate laws decide who inherits, potentially creating unexpected ownership situations among family members Property taxes and maintenance costs continue during probate, and multiple heirs must coordinate on these ongoing expenses to avoid losing the property

Vermont Inherited Property: Uncle Charles's Guide to Probate Laws and Heir Property Rights in 2026

Look, I've been helping families deal with inherited property situations for over two decades, and Vermont throws some unique curveballs that catch people off guard. Just last month, I had a call from a woman in Burlington who inherited her grandmother's farmhouse along with four cousins she barely knew. Half of them wanted to keep it, half wanted to sell, and nobody knew Vermont's specific laws about heir property.

Here's the deal: Vermont has some quirky probate rules that are different from other states, and if you don't know what you're dealing with, an inherited property can become a real headache fast. Whether you're looking at a cozy cottage in Stowe or a fixer-upper in Rutland, understanding Vermont's laws can save you months of frustration and thousands of dollars.

Vermont's Probate Process: What You Need to Know

Vermont keeps things relatively simple compared to some states, but there are still hoops to jump through. The probate process typically takes 6-12 months, depending on how complicated the estate is and whether anyone contests the will.

Here's how it works: When someone dies owning property in Vermont, their estate usually has to go through probate court in the county where they lived. The court oversees the process of paying debts and distributing assets to heirs. If there's a will, great - that makes things clearer. If not, Vermont's intestate succession laws kick in, and that's where things can get messy.

One thing I see trip people up in Vermont is the small estate process. If the total estate value is under $45,000 (not counting the homestead and exempt property), you might be able to use Vermont's small estate affidavit process. This can speed things up significantly, but most properties I deal with are worth more than that threshold.

When There's No Will: Vermont's Intestate Succession Rules

I've seen this scenario play out hundreds of times. Someone passes away without a will, and suddenly family members are asking "Who gets the house?" Vermont has specific rules for this situation, and they might surprise you.

If you're married with no kids, your spouse gets everything. Married with kids? Your spouse gets the first $25,000 plus half of the remaining estate, and the kids split the rest. If you're single with kids, they inherit everything equally. No spouse, no kids? It goes to parents, then siblings, then other relatives in a specific order.

Here's where it gets tricky: let's say three siblings inherit a property equally. Now you've got what's called "tenants in common" ownership. Each person owns a one-third interest, but nobody can make decisions about the property without the others agreeing. Want to sell? You need all three to agree. Want to renovate? Same thing. I had one family spend two years arguing over whether to fix a leaky roof because they couldn't agree on who should pay for it.

Heir Property Challenges in Vermont

Heir property - that's when multiple people inherit ownership interests in the same property - creates some of the most complicated situations I deal with at HOMESELL USA. Vermont law allows any heir to force a "partition sale," which means if even one heir wants to sell and the others don't, they can petition the court to force a sale and split the proceeds.

I had a case last year where five cousins inherited their uncle's property near Lake Champlain. Three wanted to keep it as a family vacation spot, two wanted the cash. The two who wanted to sell filed for partition, and the court ordered the property sold at auction. The family lost control of where and how it was sold, and it went for way less than market value.

The property tax situation makes this even more complicated. In Vermont, if the property taxes aren't paid, the town can eventually take the property through tax sale. When you've got multiple heirs, sometimes nobody takes responsibility for the taxes, thinking someone else will handle it. That's a recipe for losing the property entirely.

Vermont's Affidavit of Heirship Process

Sometimes you can avoid formal probate using an affidavit of heirship, but Vermont is pretty specific about when this works. It's mainly useful when someone died without a will, the estate is relatively simple, and you need to establish who the legal heirs are.

The affidavit has to be signed by people who knew the deceased well and can testify about their family situation. It needs to include details about their marital history, children, and other potential heirs. But here's the catch - not all title companies and buyers will accept an affidavit of heirship in place of formal probate proceedings, especially for higher-value properties.

I've seen people think they're all set with an affidavit, only to find out when they try to sell that the buyer's lender won't accept it. Then they're back to square one, filing for formal probate anyway.

Current Vermont Real Estate Market Impact

Vermont's housing market in 2026 is still feeling the effects of the pandemic-era surge in demand for rural and vacation properties. Median home prices are around $380,000 statewide, with some areas near ski resorts and Burlington commanding much higher prices. This actually makes inherited property situations more complex because the stakes are higher.

When you inherit a property worth $400,000 or more, the decisions about what to do with it carry a lot more weight. The good news is that inherited properties in Vermont often have strong equity positions, since many have been in families for decades and were purchased at much lower prices.

Your Options When You Inherit Vermont Property

Look, every family situation is different, but here are the main paths I see people take:

Keep it in the family: If everyone agrees and someone can handle the ongoing costs, this can work. Just make sure you have clear agreements about maintenance, taxes, and usage.

Sell through traditional real estate: This works if the property is in good shape and all heirs agree on timing and price. Expect 60-90 days minimum, plus realtor commissions.

Sell for cash: When you need speed, have multiple heirs who want different things, or the property needs significant work, selling to a cash buyer like HOMESELL USA can solve a lot of problems fast.

When to Consider Selling Fast

I get calls every week from people inheriting Vermont properties who are overwhelmed by the situation. Maybe it's a farmhouse that needs $50,000 in repairs, or a property with multiple heirs who can't agree on anything, or someone who lives across the country and doesn't want to deal with managing Vermont property.

At HOMESELL USA, we buy inherited properties in any condition, anywhere in Vermont. We can work with probate courts, handle properties with multiple heirs, and close fast - often in 7-14 days once probate allows for the sale. No repairs needed, no realtor commissions, no months of showings and uncertainty.

Whether you sell to us or someone else, the key is understanding your situation and making decisions that work for your family. Don't let an inherited property become a burden when it should be a blessing.

If you're dealing with an inherited property situation in Vermont and need straight answers about your options, give Uncle Charles a call. No pressure, no judgment - just honest advice from someone who's helped thousands of families navigate these exact situations.

Frequently Asked Questions

Frequently Asked Questions

How long does probate take for inherited property in Vermont?

Vermont probate typically takes 6-12 months, depending on the complexity of the estate and whether anyone contests the will. Simple estates with clear documentation move faster, while complex situations involving multiple heirs or property disputes can take longer.

Can I sell inherited property in Vermont before probate is complete?

Generally no - the property usually cannot be sold until the probate court grants authority to the executor or administrator. However, in some cases, the court may authorize early sale if it's necessary to pay estate debts or preserve the property's value.

What happens if multiple heirs inherit a Vermont property and disagree about selling?

Any heir can petition the court for a partition sale, which forces the sale of the property and divides the proceeds among the heirs according to their ownership percentages. This often results in lower sale prices than a voluntary market sale.

Do I have to pay taxes on inherited property in Vermont?

Vermont doesn't have an inheritance tax, and inherited property receives a "stepped-up basis" for federal tax purposes. However, you'll be responsible for ongoing property taxes, and if you sell the property for more than its value at the time of inheritance, you may owe capital gains taxes.

Can I use an affidavit of heirship instead of probate in Vermont?

Affidavits of heirship can sometimes be used for simpler estates, but they're not always accepted by title companies or lenders, especially for higher-value properties. For most real estate transactions, formal probate proceedings provide clearer title and are preferred by buyers and lenders.