To make a valid will in Vermont, you must be at least 18 (or emancipated by court order), put your wishes in writing, and sign in the presence of two credible witnesses who then sign and attest in your presence and each other's. Vermont does not recognize a purely handwritten, unwitnessed will, so the two-witness step cannot be skipped.
Key Takeaways
- Vermont requires two witnesses for every will, even one written entirely by hand.
- A self-proved will, sworn before a notary, avoids the need for witnesses to testify later.
- You must be 18 or emancipated by court order, and of sound mind, to make a will.
- A will alone does not avoid probate; a funded trust or beneficiary designations do that.
Who Can Make a Will in Vermont?
Every individual 18 years of age or over, or emancipated by court order, who is of sound mind may make a will in writing under Vermont's probate statutes. For how a will fits with your broader plan, see our Vermont estate planning overview.
What Are the Execution Requirements?
Under 14 V.S.A. section 5, a will must be in writing, signed in the presence of two or more credible witnesses by the testator (or by another person in the testator's presence and at the testator's express direction), and attested and subscribed by the witnesses in the presence of the testator and each other.
Step 1: Decide What Goes in the Will
List your property, name your beneficiaries, choose an executor, and name a guardian for any minor children.
Step 2: Draft the Will in Writing
Vermont does not recognize holographic (handwritten, unwitnessed) wills. Even a will written entirely in your own hand must still be signed in front of two credible witnesses to be valid, so plan on the full witnessing process regardless of format.
Step 3: Sign in Front of Two Credible Witnesses
Sign the will, or direct someone else to sign it, in the presence of both witnesses, who must then attest and subscribe the will in the presence of the testator and of each other.
Step 4: Add a Self-Proved Will Affidavit
Under 14 V.S.A. section 108, a will may be self-proved through the sworn acknowledgment of the testator and witnesses before a notary or other authorized official, confirming the testator's age, capacity, and voluntary signing. A self-proved will can be admitted to probate without requiring your witnesses to appear and testify.
Step 5: Store the Will and Tell Your Executor
Keep the signed original in a secure location and make sure your executor or a trusted family member knows exactly where it is.
How Do You Update or Revoke a Vermont Will?
You can revoke a Vermont will by executing a new one that expressly revokes it, by a later will inconsistent with the first, or by physically destroying the document with intent to revoke. Marriage, divorce, or a new child are common reasons to revisit your plan, since these events change who would inherit under Vermont's intestacy rules if you had no valid will.
DIY Will vs. Hiring a Lawyer
A straightforward Vermont estate is usually well suited to a guided DIY will, provided the two-witness signing rule is followed exactly. Blended families, a family business, or property held in more than one state are better handled with an attorney's help. For common drafting errors to avoid, see common will mistakes in Vermont. FastWill's Vermont will package is built around the state's exact execution rules.
How Does a Will Work With a Power of Attorney or Trust?
A will only takes effect after death. Pair it with a power of attorney in Vermont so someone can manage your affairs if you become incapacitated, and consider a living trust in Vermont if you want assets to bypass probate. Our Vermont estate planning checklist covers how these documents fit together.
What Happens If You Skip the Will?
Without a valid will, Vermont's intestacy statute decides who inherits, which may not match your wishes. See what happens if you die without a will in Vermont for the full breakdown.
Common Mistakes to Avoid in a Vermont Will
- Assuming a handwritten will skips the witness requirement. Vermont requires two credible witnesses for every will, including one written entirely by hand.
- Having witnesses sign at different times or in different rooms, which fails the requirement that witnesses attest and subscribe in the presence of the testator and each other.
- Naming a beneficiary as one of your two witnesses, which can raise questions during probate even where Vermont does not automatically void the gift.
- Failing to name a successor executor or backup guardian, leaving the probate court to appoint someone without your input.
- Not revisiting the will after marriage, divorce, or the birth of a child, leaving outdated instructions that no longer reflect your family.
What Does Making a Will in Vermont Cost?
Attorney-drafted wills in Vermont commonly run several hundred dollars or more, depending on complexity and whether a trust is involved. A guided DIY builder is a lower-cost path for straightforward estates, provided you still complete the two-witness signing exactly as the statute requires. The signing and witnessing steps matter more than the price of the template, since an improperly executed will can be thrown out in probate regardless of how well it reads.
Tell Your Family Where the Will Is
A perfectly executed will does no good if no one can find it when you die. Tell your executor, or at least one trusted family member, exactly where the signed original is kept, and give them a copy or a written note describing its location. Because Vermont requires the original will for probate in most cases, storing it somewhere secure but accessible, rather than only in a safe deposit box that gets sealed at death, is worth thinking through in advance.
Frequently Asked Questions
Does Vermont accept handwritten wills without witnesses?
No. Vermont requires two credible witnesses for every will, including one written entirely in the testator's own handwriting.
Do I need a lawyer to make a will in Vermont?
No, but the will must still meet Vermont's writing and two-witness signing requirements to be valid.
Does a Vermont will need to be notarized?
Notarization is not required for basic validity, but it is required to add a self-proved affidavit under 14 V.S.A. section 108, which speeds up probate.
Can a beneficiary witness my Vermont will?
It is best practice to use witnesses who receive nothing under the will, to avoid complications during probate.
Can I use a remote online notary for a Vermont will?
Vermont has adopted rules addressing remote notarization for self-proving affidavits in certain circumstances; confirm current requirements with the Vermont Secretary of State before relying on remote signing.
Can I write more than one will in Vermont?
You should only have one current, valid will at a time. A new will should expressly revoke any earlier ones, since two inconsistent wills can create a dispute over which document controls and delay your estate in probate court.
What if I move to Vermont with a will made in another state?
Vermont generally honors a will validly executed under the law of the state where it was signed, but you should still have it reviewed against Vermont's two-witness rule and update your executor and guardian designations to reflect your new residency.
