Key Takeaways

Key Takeaways Vermont probate typically takes 6-12 months, but contested estates can drag on for years Properties inherited without a will follow Vermont's strict intestate succession laws Multiple heirs often face difficult decisions about keeping, selling, or maintaining inherited property Small estate procedures can bypass full probate for estates under $45,000

Vermont Probate Laws 2026: What Heirs Need to Know About Inherited Property

Look, I've been helping Vermont families deal with inherited property headaches for over two decades, and I can tell you — probate in the Green Mountain State has its own quirks that catch people off guard. Just last month, I had a family from Burlington call me in tears because they'd been fighting over grandma's house for 18 months, racking up legal bills while the property sat empty.

Whether you're dealing with a parent's passing or trying to figure out what happens to great-aunt Martha's farmhouse in Montpelier, understanding Vermont's probate laws can save you time, money, and family drama. Here's what you need to know.

How Vermont Probate Works in 2026

Vermont handles probate through its Superior Court system, and the process varies depending on the size and complexity of the estate. The state has made some improvements to streamline things, but it's still not exactly quick.

For most estates, you're looking at 6-12 months minimum. I've seen simple cases wrap up in 4 months, but I've also worked with families where contested probate dragged on for 3 years. The median home price in Vermont hit $425,000 in 2025, so we're not talking about small potatoes here.

The executor (called a "personal representative" in Vermont) has to:

• File the will with the probate court within 30 days
• Notify all heirs and creditors
• Inventory all assets, including real estate
• Pay debts and taxes
• Distribute remaining assets according to the will or state law

Here's where it gets tricky with real estate: that house is just sitting there while all this legal stuff plays out. Property taxes keep coming, maintenance doesn't stop, and if it's winter in Vermont, you better believe heating bills are still arriving.

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

About 60% of Americans die without a will, and Vermont families are no different. When this happens, the state's intestate succession laws kick in, and they're pretty specific about who gets what.

If the deceased was married with children, here's how Vermont divides things:

• Spouse gets the first $25,000 plus half of the remaining estate
• Children split the other half equally
• If there are stepchildren involved, it gets more complicated

No spouse but adult children? The kids split everything equally. No spouse, no kids? It goes to parents, then siblings, then other relatives in a specific order that Vermont law spells out.

I had a case in Essex County where four adult siblings inherited their parents' 200-acre farm. None of them lived in Vermont anymore, none wanted to be farmers, but they couldn't agree on whether to sell or what to do with the property. Meanwhile, property taxes were eating into their inheritance every month.

The Reality of Multiple Heirs

This is where things get messy fast. When multiple people inherit a property, Vermont law says they're "tenants in common." That means:

• Everyone owns a percentage of the whole property
• No single heir can force the others to sell (initially)
• All major decisions require agreement from all owners
• If someone wants out, they might need to file a partition lawsuit

I've seen families torn apart over inherited property. One heir wants to sell, another wants to move in, a third wants to turn it into a rental. Nobody can agree, the property deteriorates, and legal fees pile up.

Vermont's Small Estate Procedures

Here's some good news: Vermont offers a simplified process for smaller estates. If the total estate value is under $45,000 (not counting the family home if it passes to a surviving spouse), you might be able to use the small estate affidavit process.

This bypasses formal probate entirely. You file an affidavit, wait 14 days, and then you can collect assets and transfer property. It's faster and cheaper, but it only works if:

• The estate qualifies as "small"
• All heirs agree on the distribution
• There are no major debts or complications

Even with property values rising across Vermont — Chittenden County saw average home prices increase 8% in 2025 — this can still be useful for rural properties or those needing significant repairs.

Affidavit of Heirship: A Useful Tool

Vermont recognizes affidavits of heirship, which can be helpful for clearing up title issues on inherited property. This is basically a sworn statement that identifies who the legal heirs are when someone dies.

It's not a replacement for probate, but it can help establish ownership when:

• The property deed was never properly transferred
• You need to prove heirship to a title company
• There are gaps in the chain of title

At HOMESELL USA, we see this situation fairly often. Someone's grandfather died 20 years ago, the family never went through formal probate, and now they want to sell the property. An affidavit of heirship can sometimes help clear the title, but every situation is different.

Special Considerations for Vermont Property

Vermont has some unique property considerations that affect inherited real estate:

Current Use Programs

Many Vermont properties are enrolled in the Current Use program, which provides tax breaks for agricultural, forest, or open land use. When you inherit one of these properties, you need to understand:

• The tax benefits continue if you maintain the same use
• Converting to development can trigger hefty "change of use" penalties
• Some Current Use properties have development restrictions

Act 250 Considerations

Vermont's Act 250 land use law can affect what you can do with inherited property, especially larger parcels. If you're planning to subdivide, develop, or significantly change the use of inherited land, you might need Act 250 permits.

Winter Property Maintenance

I can't tell you how many inherited Vermont properties I've seen damaged by winter neglect. Frozen pipes, ice dams, heating system failures — these can turn a valuable inheritance into a money pit fast. If you inherit Vermont property and can't occupy it immediately, you need a plan for winter maintenance.

Common Problems We See at HOMESELL USA

Every week, we get calls from Vermont heirs dealing with property problems:

• Multiple heirs who can't agree on selling
• Properties that need major repairs the family can't afford
• Tax liens that accumulated during probate
• Properties in rural areas that are hard to sell traditionally
• Families who live out of state and can't manage Vermont property

Just last week, I talked to a woman who inherited her uncle's house in Rutland. The roof was leaking, the furnace died, and she lived in Florida. Her two cousins who also inherited shares wanted to fix it up and rent it out, but she needed her share of the equity to pay for her own medical bills.

That's the reality of inherited property — it's not just about legal processes, it's about real families dealing with real financial pressures.

Your Options When Inheriting Vermont Property

Whether you go through formal probate or qualify for simplified procedures, you'll eventually need to decide what to do with inherited Vermont property. Here are your main options:

Keep It

This works if you want to live in it, use it as a vacation home, or turn it into a rental. But remember, you're taking on all the responsibilities: taxes, insurance, maintenance, and dealing with Vermont winters.

Sell It Traditionally

List it with a realtor if it's in good condition and you're not in a hurry. Vermont's housing market has been strong, but it can still take months to sell, especially in rural areas.

Sell It Fast for Cash

This is where companies like HOMESELL USA come in. We buy inherited properties in any condition, handle all the paperwork complications, and can close quickly. Whether you're dealing with multiple heirs, property problems, or just want to avoid the hassle of traditional selling, we've helped hundreds of Vermont families turn inherited property into cash.

The key is understanding your options and choosing what works best for your family's situation. Don't let inherited property become a burden when it should be helping your family move forward.

If you're dealing with inherited property in Vermont and feeling overwhelmed by probate laws, family disagreements, or property problems, give Uncle Charles a call. I've been through this process with thousands of families, and I can help you understand your options. No pressure, no judgment — just straight answers about what works in the real world.

Frequently Asked Questions