What is Probate?

Every county in Vermont has a probate court. The probate courts handle specific types of legal subject matters, such as: decedent’s estates, trusts, guardianship, name changes, and adoptions.

Decedent’s Estates

When the term “probate” is used without additional context, it usually refers to the process, overseen by the probate court, of the distribution of property after someone dies. This includes those who died with and without a Will. If you are named an executor, an heir, or otherwise an interested party in a decedent’s estate, it is advisable to contact a probate attorney to determine next steps.

Guardianship

There are multiple differing types of guardianship actions, including adult, minor, voluntary, and involuntary guardianships. If you are concerned a loved one, such as a parent, is incapable of managing their personal affairs, guardianship may be the route forward. If you believe guardianship (whether for yourself or another) may be appropriate, it is prudent to discuss this with an attorney.