Vermont

At a Glance

Filing and obtaining death certificates in Vermont.

In Vermont, the funeral director or other person in charge of final disposition is responsible for filing the death certificate within three days of the death and before final disposition. If there is no funeral director, the family is responsible. The medical certification must be completed by the attending physician or medical examiner.

Who can order copies.

Certified copies of death certificates can be ordered by family members, legal guardians, certain court-appointed parties, their legal representatives, or a funeral home/crematorium. Valid identification is required. Noncertified copies are available to anyone.

• –Vermont Department of Health, Vital Records: https://www.healthvermont.gov/stats/vital-records/order-vital-records
• –Cost: approximately $10 per certified copy (plus $2 online processing fee)
• –Fastest and cheapest way is often through your Town or City Clerk.

How do I get a death certificate in Vermont?

Order certified copies from Vermont's vital records office; this section's source link is the official process. The funeral home or cremation provider usually orders the first copies for you. Order at least 10: banks, insurers, and agencies each want their own certified copy.

How much does a death certificate cost in Vermont?

$10 per certified copy in Vermont, as shown above. Additional-copy pricing varies; the official source linked in this section has the current fee schedule.

At a Glance

When probate is required.

Probate is generally required in Vermont if the deceased person owned assets in their name alone that do not pass automatically to a beneficiary, and the total value of the estate exceeds $45,000. If the estate is valued at $45,000 or less and does not include real estate (other than a timeshare), a simplified small estate process may be available.

If you die without a will.

If a person dies in Vermont without a valid will (intestate), state law dictates how their assets will be distributed. This is known as intestate succession.

• –If you have a spouse but no descendants or parents, your spouse inherits your entire estate.
• –If you have a spouse and descendants (all of whom are also descendants of your spouse), your spouse inherits your entire estate.
• –If you have a spouse and descendants (at least one of whom is not a descendant of your spouse), your spouse inherits the first $200,000 and one-half of the balance, and your descendants inherit the remaining balance.
• –If you have no spouse or descendants, your parents inherit your estate. If no parents, then siblings, and so on.

Avoiding probate.

Common strategies to avoid probate in Vermont include establishing a revocable living trust, naming beneficiaries on accounts (e.g., bank accounts, retirement accounts, life insurance), holding property in joint tenancy with right of survivorship, or using transfer-on-death (TOD) or payable-on-death (POD) designations for certain assets.

How long does probate take in Vermont?

A straightforward Vermont probate typically runs several months to over a year, as shown in this section. Contested wills, missing heirs, or real property in other states stretch it well past that.

What is the small-estate limit in Vermont?

$45,000. Estates under that figure can use the simplified process or affidavit covered above instead of full probate.

Do I need a probate attorney in Vermont?

Not always. If the estate qualifies for the simplified process covered above, many people handle it without a lawyer. Hire one for full probate, a contested will, or property in more than one state. Before you hire anyone, know the fee structures: hourly, flat, and (in a few states) statutory percentages. Our probate attorney cost guide covers what each should run you.

Does Vermont allow transfer-on-death deeds?

No. Vermont has no transfer-on-death deed statute. A living trust or joint ownership with survivorship does the same job here; some Vermont lawyers use enhanced life estate (Lady Bird-style) deeds, but no statute backs them, so treat those with caution.

Source: legislative record ↗

Die without a will in Vermont and this law picks your heirs.

If you die intestate (without a valid will) in Vermont, 14 V.S.A. §§ 311 to 314 decides who inherits everything a will would have covered. The shares depend on exactly who survives you: spouse, children, parents, siblings. What you told people you wanted does not matter. Only a signed will changes these defaults.

What your spouse gets.

What your spouse inherits depends on who else survives you. The four common family shapes:

• –Spouse only (no descendants or parents): everything.
• –Spouse + parents (no descendants): everything; parents get nothing.
• –Spouse + joint descendants: everything.
• –Spouse + blended family: a flat one-half; the decedent's descendants split the other half.
• –Source: 14 V.S.A. §§ 311 to 314

Children's shares.

The decedent's descendants take everything by right of representation, with shares fixed at the children's generation.

No spouse, no children: the line of succession.

After descendants the estate goes to the parents equally, then to siblings and the descendants of dead siblings, then half each to the paternal and maternal grandparents or the survivors, then in equal shares to the next of kin in equal degree; with no kin it escheats to the state (14 V.S.A. §§ 681-683).

At a Glance

What Vermont requires.

Vermont law allows adults to make advance directives for healthcare, which include a living will and a durable power of attorney for healthcare. An advance directive must be in writing, signed by the declarant, and witnessed by two adults. Neither witness can be the declarant's healthcare provider, an employee of the healthcare provider, or an operator of a healthcare facility serving the declarant. It does not require notarization.

Healthcare power of attorney.

In Vermont, a durable power of attorney for healthcare (also known as a healthcare agent or proxy) allows you to appoint someone to make medical decisions for you if you become unable to do so. This can be a standalone document or part of a comprehensive advance directive. The agent's authority typically begins when your physician determines you lack the capacity to make your own decisions.

POLST / MOLST forms.

Vermont recognizes Clinician Orders for Life-Sustaining Treatment (COLST) forms, which are similar to Physician Orders for Life-Sustaining Treatment (POLST) or Medical Orders for Life-Sustaining Treatment (MOLST) forms in other states. A COLST form is a medical order signed by a healthcare clinician based on a patient's preferences and medical indications, typically for individuals with serious illnesses. It is more specific and immediately actionable than an advance directive, which is a legal document expressing wishes.

Where do I get Vermont's advance directive form?

The controlling law is 18 V.S.A. Chapter 231, linked as this section's source. Most people use the free statutory form: Vermont's health department, hospital systems, and state bar publish fillable versions that match it. You do not need to buy one, and you do not need a lawyer to complete it.

Does Vermont require a notary or witnesses for an advance directive?

Vermont requires 2 adult witnesses; notarization is not required. Anyone 18 or older of sound mind can make one.

At a Glance

Cremation rules in Vermont.

Vermont law requires a minimum waiting period of 24 hours after death before cremation can occur. Authorization for cremation must be provided by the legally authorized person, typically the next of kin. A cremation permit is required, and a medical examiner must review the death certificate before cremation. There is a $25 fee for the cremation permit.

Green burial and alternatives.

Vermont law allows for green burial, which involves natural decomposition without embalming, concrete vaults, or non-biodegradable caskets. Home burial on private property is also permitted, provided certain conditions are met, such as proper setback from water sources and property lines. Natural organic reduction (human composting) is also legal in Vermont.

• –Green burial: Permitted in certified natural burial grounds or cemeteries that allow it.
• –Home burial: Allowed on private property with proper permits and adherence to health regulations.
• –Natural organic reduction (human composting): Legal and available as an alternative disposition method.

Funeral home regulations.

Funeral homes in Vermont are regulated by the Vermont Secretary of State's Office, Office of Professional Regulation. They must be licensed and adhere to state laws regarding consumer protection, including price disclosure. The Federal Trade Commission's (FTC) Funeral Rule also applies, requiring funeral homes to provide itemized price lists to consumers.

At a Glance

Vermont has an estate tax for estates over $5 million.

Vermont imposes an estate tax on the gross estate value exceeding $5 million for decedents dying in 2025 and beyond. The tax rate is a flat 16% on the portion of the estate that exceeds the exemption amount. This includes taxable gifts made within two years of death. The federal estate tax exemption is separate and much higher.

Vermont does not have an inheritance tax.

Vermont does not impose an inheritance tax. An inheritance tax is levied on the beneficiaries who receive assets from an estate, rather than on the estate itself. However, beneficiaries may still be subject to federal income tax on certain inherited assets, such as retirement accounts.

Federal estate tax.

The federal estate tax applies to estates over $15 million per person (2026), $30 million for married couples. This is separate from any state estate or inheritance tax. The One Big Beautiful Bill Act (2025) made the higher exemption permanent, so the drop to roughly $7 million once scheduled under the Tax Cuts and Jobs Act never took effect.

Does Vermont have an estate tax?

Yes. Vermont levies its own estate tax, with a state exemption of $5 million and rates of 16%. The federal estate tax can also apply, but only to estates over $15 million per person (2026).

Does Vermont have an inheritance tax?

No. Vermont does not tax inheritances. Heirs owe no state tax on what they receive, though the estate itself can owe state estate tax before anything is distributed.

What is the federal estate tax exemption for 2026?

$15 million per person, $30 million for a married couple, indexed for inflation. The One Big Beautiful Bill Act (2025) made the higher exemption permanent. Estates below the threshold owe no federal estate tax.

At a Glance

Registering as a donor in Vermont.

In Vermont, you can register to be an organ, eye, and tissue donor through several methods. The most common ways are when applying for or renewing your driver's license or state ID at the Department of Motor Vehicles (DMV), or by registering online with Donate Life New England.

• –Donate Life New England online registry: https://neds.org/
• –Register at the Vermont Department of Motor Vehicles (DMV) when obtaining or renewing your license.
• –You can also indicate your wishes in an advance directive.

Your family cannot override your decision.

In Vermont, as in all states, a registered organ donor decision is legally binding. Your family cannot override it. However, in practice, organ procurement organizations often consult families. Make your wishes known to your family to avoid conflict.