Can my Vermont will be self-proved?

This is genuinely unsettled in the sources we have. Vermont historically did not allow self-proving wills, standing apart from most states, and a statutory provision now appears to make a self-proving affidavit available. Because this is a recent change we are not stating it as fact. Ask a Vermont attorney or the probate division of the Superior Court before you sign — the answer determines whether your witnesses may need to testify when the will is admitted.

Can my beneficiary's spouse witness my Vermont will?

Not safely. Vermont voids a beneficial devise to a subscribing witness or to that witness's spouse, unless two other competent disinterested witnesses also signed. This catches people out — asking your son-in-law to witness puts the gift to your daughter at risk exactly as if she had signed herself. Use two witnesses who, along with their spouses, take nothing under the will.

Do Vermont witnesses have to sign together?

Yes. Vermont requires the witnesses to sign in your presence and in the presence of each other. That is stricter than states allowing witnesses to sign at separate times, and it means the signing should be arranged as a single gathering with everyone in the room. Collecting one signature now and another next week does not satisfy the statute.

Is a handwritten will valid in Vermont?

Not if you write it in Vermont. A handwritten, unwitnessed document executed here has no effect as a will. Vermont will accept a holographic will that was validly executed in a state that recognises them, but relying on that means your executor has to prove where it was made and that it met that state's requirements. Executing a proper Vermont will with witnesses is far simpler.

Common law (separate property) stateHolographic: Only if valid where executed

Will requirements in Vermont

Vermont voids a gift to a subscribing witness or their spouse unless two other disinterested witnesses signed, and its self-proving affidavit rules appear to have changed recently after decades without them.

Vermont's interested-witness rule reaches further than most. A beneficial devise to a subscribing witness is void unless two other competent, disinterested witnesses also signed — and the rule extends to the witness's spouse, so having your beneficiary's husband or wife sign creates the same problem as having the beneficiary sign.

Vermont is also a state where the self-proving affidavit position appears to have moved. Vermont historically did not allow self-proving wills, and the sources for this page indicate a statutory provision now permits them. That is a recent change and we have flagged it rather than presenting it as settled, because getting it wrong means either skipping a useful protection or relying on one that is not available.

Who can make a will in Vermont

At a glance

18 or older, and of sound mind

14 V.S.A. § 1

Vermont requires you to be at least 18 and of sound mind. Capacity is assessed at the time of signing and asks whether you understood the nature of the document, the general extent of your property, and who would naturally expect to inherit.

Witness requirements

How many witnesses

Two or more credible witnesses, signing in your presence and in the presence of each other

14 V.S.A. §§ 5, 10

Purging statute — the gift can be void

A beneficial devise to a subscribing witness or their spouse is void unless two other competent, disinterested witnesses also signed

Vermont requires two or more credible witnesses, and they must sign in your presence and in the presence of each other. The mutual-presence requirement is stricter than in states where witnesses may sign separately, so the signing should happen as a single gathering.

The purge extends to spouses, which is the detail people miss. A devise to a subscribing witness or to that witness's spouse is void unless two other competent disinterested witnesses also signed. Asking your daughter's husband to witness puts your gift to your daughter at risk just as surely as asking your daughter would.

Whatever Vermont allows, the safe practice is the same everywhere: use two disinterested witnesses who inherit nothing under the will.

Notarization and self-proving affidavits

At a glance(unsettled)

Notarization is not required for validity, and the availability of a self-proving affidavit in Vermont appears to have changed recently — Vermont historically did not permit them, and a statutory provision now appears to allow one

Confirm this with a Vermont attorney or the probate division of the Vermont Superior Court before relying on a self-proving affidavit.

A Vermont will does not need a notary to be valid. Your signature and the required witnesses are what make it effective.

The self-proving affidavit is the open question. For many years Vermont stood apart from most states in not permitting self-proving wills, meaning witnesses could be called to testify at probate. The sources for this page indicate a statutory provision now makes a self-proving affidavit available, but this is a recent change and we are not treating it as settled.

This matters practically. If self-proving is available and you skip it, you leave your executor to locate witnesses years later. If it is not available and you assume it is, you may believe you have a protection you do not have. Confirm the current position before you sign, rather than relying on either assumption.

Handwritten (holographic) wills

At a glance

Not valid if made in Vermont; recognized only if the will was valid where it was executed

Vermont does not recognise holographic wills executed here. A handwritten, unwitnessed document written in Vermont has no effect as a will.

Vermont will honour a holographic will that was valid where it was executed. Someone who made a valid handwritten will while living in a state that recognises them, then moved to Vermont, may find it accepted.

Relying on that exception puts a burden on your executor, who must prove where the will was made and that it satisfied that state's law. Executing a fresh Vermont will with the required witnesses removes the question entirely.

Small estate procedure

At a glance(unsettled)

Vermont offers a small-estate procedure below a statutory threshold, and the published figures for it vary between sources

Confirm this with the probate division of the Vermont Superior Court for the relevant county.

Vermont allows small estates to be settled through a simplified procedure rather than full administration, subject to a statutory limit.

The sources available for this page do not agree on the current figure, so we are not printing one. The probate division of the Vermont Superior Court will confirm the threshold that actually applies.

Community property or common law

At a glance

Common law (separate property) state

Vermont is a common law property state. Ownership follows title rather than being automatically shared between spouses because property was acquired during the marriage.

A surviving spouse has an elective share, so a spouse generally cannot be disinherited by will alone. Vermont also recognises civil unions entered into before same-sex marriage was available, and those carry spousal rights — a point worth raising with an attorney if it applies to you.

Advance directives and powers of attorney

At a glance

Statutory advance directive for health care; statutory power of attorney for financial matters

18 V.S.A. Ch. 231

Vermont's advance directive for health care lets you name an agent and record treatment preferences in a single document. Vermont maintains an advance directive registry, so the document can be located in an emergency; registration is optional and does not affect validity.

A separate power of attorney covers financial matters. Both operate while you are alive, covering the period a will never reaches.

Frequently asked about Vermont wills

Can my Vermont will be self-proved?: This is genuinely unsettled in the sources we have. Vermont historically did not allow self-proving wills, standing apart from most states, and a statutory provision now appears to make a self-proving affidavit available. Because this is a recent change we are not stating it as fact. Ask a Vermont attorney or the probate division of the Superior Court before you sign — the answer determines whether your witnesses may need to testify when the will is admitted.
Can my beneficiary's spouse witness my Vermont will?: Not safely. Vermont voids a beneficial devise to a subscribing witness or to that witness's spouse, unless two other competent disinterested witnesses also signed. This catches people out — asking your son-in-law to witness puts the gift to your daughter at risk exactly as if she had signed herself. Use two witnesses who, along with their spouses, take nothing under the will.
Do Vermont witnesses have to sign together?: Yes. Vermont requires the witnesses to sign in your presence and in the presence of each other. That is stricter than states allowing witnesses to sign at separate times, and it means the signing should be arranged as a single gathering with everyone in the room. Collecting one signature now and another next week does not satisfy the statute.
Is a handwritten will valid in Vermont?: Not if you write it in Vermont. A handwritten, unwitnessed document executed here has no effect as a will. Vermont will accept a holographic will that was validly executed in a state that recognises them, but relying on that means your executor has to prove where it was made and that it met that state's requirements. Executing a proper Vermont will with witnesses is far simpler.

This is not legal advice

This page is general information about Vermont law, not legal advice, and reading it does not create an attorney-client relationship. Statutes change, courts interpret them differently, and the right answer depends on facts this page cannot know. Legacy Suite is not a law firm — before you sign or rely on anything, consult an attorney licensed in Vermont.

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