Wills

A will is a written document that explains how you want your “assets” — your belongings, money and real estate — to be “distributed” (who they will be given to) after your death. A will only applies to assets that do not pass automatically to joint owners or persons designated as a “beneficiary.”

In your will, you can name the person you want to be in charge of following your wishes. This person is called your “executor.” After your death, your will must go through the Probate Division of Superior Court before any distributions can be made. (See our page about “Going Through Probate.”)

Even if you think you don’t need a will, having a will is a good idea. A will lets you decide how your assets will be distributed. If you die without a will, your assets will be distributed to your family based on standard rules for everyone in Vermont. (See “What If There Is No Will?” on the Going Though Probate page.)

A will can also provide a plan for the guardianship of your children who are under 18 years old.

Do I need a will?

If you have children who would need a guardian if you died, a will is a good way to plan for the guardianship of them.

In addition, a will is particularly useful if you have assets which will go into your estate upon your death. If all of your assets pass to other people when you die and you do not anticipate coming into other property of value, then you might not need a will.

Sometimes people are told that they should do a trust rather than a will because going through probate is expensive and time consuming. Despite what you may have heard, it is not always expensive or time-consuming to go through probate in Vermont.

Consult with a lawyer if you have any questions about whether you should have a will or how your property would be distributed upon your death.

Examples of how property can be distributed at the time of your death without going through probate court
Asset	How it is distributed automatically
If you own real estate as joint tenants:	The property will go to the other joint tenants.
If you own real estate as tenants by the entirety (that is, you and your spouse own the property with rights of survivorship):	The property will go to your spouse.
If you had a life estate:	The property will go to the person or people who own the remainder interest.
If you had joint bank or other financial accounts:	The accounts will go to the other joint account holders.
If you have money or assets in a “pay on death account”:	The assets will go to the person or people listed as the beneficiary of the account.

Even if there is a will, all assets in the table above will be distributed according to the table, and not according to the will.

How do I make a will?

You must be over age 18 and must be of sound mind when you sign a will. Being “of sound mind” means that you know what property you own, who it would normally go to (even if you do not want it to go to them), and that you have a plan for how you want it distributed.

You must sign the will in front of two witnesses who must watch you and each other sign the document. A person who will get something under your will cannot be a witness.

When you sign a will, you are “executing” a will.

Do I need a lawyer?

You do not need a lawyer to draft your will, but it is a good idea to have a lawyer do it. While there are many forms available on the internet, they are not all valid or good. Many are not written with Vermont laws in mind.

Because your will becomes final at your death, you will not have a chance to “fix” it or to change it if you have made a mistake. A lawyer can write the will taking into account your unique needs. A lawyer will make suggestions about what to include in your will.

Anybody can “file a claim against your estate.” That means they want to inherit some of your assets after you die. Just because someone has filed a claim does not necessarily mean that he or she will win. A properly written will can reduce their chances of getting money or property you intended to go to some else.

How do I revoke or change a will?

You can “revoke” (cancel) your will by:

executing a new will and signing it according to the law where you sign it
signing a document revoking it in the presence of two witnesses, or
physically destroying the will with the intention of revoking it.

You can change your will by writing a new will, or by executing a “codicil.” A codicil is a document that changes a part of your will. The codicil must be signed in accordance with the same rules for signing a will. (See “How Do I Make a Will?” above.)

Are you eligible for help from us?

Sometimes Legal Services Vermont is able to match low-income clients with volunteer lawyers to draft and update their wills. In this situation, most clients need to have a household income that is at or below 200% of the Federal Poverty Level. Find a chart with income guidelines here. If you think you may be eligible, or you aren’t sure, fill out our form and we will call you back.

If you are over income

If you are over our income guidelines, visit the Vermont Lawyer Referral Service to find a lawyer if you need legal advice. See other legal help options in the More Help section at the bottom of our home page.

Wills

Are you eligible for help from us?

If you are over income

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