Is An Online Will Legally Valid in Vermont?
Online wills are legal in Vermont, but only when the document meets certain conditions. Creating the document online is only step one. Here's what else has to happen.
Not to worry, FeedingBird walks you through each of these steps and addresses all of your concerns along the way.
What Makes an Online Will Legally Valid in Vermont?
Online wills are legal in Vermont, but electronic wills are not currently allowed, so the document must be printed on paper to be considered valid. The document must be signed by the testator, the person stating their wishes, and needs to also be signed by two witnesses. Wills do not require notarization, unless you want to speed up probate with a self-proving will.
Vermont does not recognize holographic, or handwritten, wills that lack witnesses, unless that will was legally executed in another state that does allow them. A handwritten document with no witnesses, signed by a Vermont resident in Vermont, generally isn't a valid will here, regardless of how clearly it states your wishes.
What You Need to Know about Online Wills in Vermont
Estate laws differ greatly from state to state and are packed with complexity. Your online will must be structured appropriately if you want to avoid legal issues and delays.
Vermont Property Laws
Vermont is a common law property state, not a community property state, which determines how property is divided at the time of death. This means ownership of an asset generally follows whose name is on the title, deed, or account.
Vermont Probate
All wills go through probate in Vermont. In some cases, if personal property is valued at $45,000 or less and there's no Vermont real estate besides a timeshare, you may qualify for a simplified small estate process. Otherwise, the only way to avoid probate is with a trust.
Avoiding Probate in Vermont
- A revocable living trust lets you have full control over your estate as the trustee and names a successor trustee who will manage distributing your assets after your death.
- Beneficiary designations on financial and retirement accounts allow you to add a payable-on-death (POD) designation or a transfer-on-death (TOD) designation to name a new owner for those accounts.
- Joint ownership with right of survivorship grants automatic ownership of any joint property.
Want to learn more about trusts in Vermont? Find out what is required for trusts.
