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Frequently Asked Questions
Adult and Minor Guardianship
Changing a Name
Correction of Death and Marriage Records
Estates and Wills
Probate Division Forms
Vermont Probate Division
Information - Testamentary Trusts
Frequently Asked Questions
I feel that the trustee is mishandling the trust – what can I do?
If you are concerned about a testamentary trust, then you can contact the Probate Court in person or in writing expressing your concerns. If the trust you are concerned about is not a testamentary trust, it may fall outside of the Probate Court Jurisdiction and you should contact an attorney about the best course to pursue.
I want to set up a trust – what do I do?
The Probate Court deals only with testamentary trusts, which are created by will. If this is the type of trust you are interested in creating, you should discuss it with your attorney when you have your will drawn up. If you are interested in Inter Vivos Trust (also known as living trusts) it falls under the jurisdiction of the Superior Court. Please consult an attorney for further information concerning this subject.
If I set up trusts, do I still need a will?
It is always a good idea to have a will even when you have trusts. Many times people obtain property after trusts are set up and the new property may not be included in the trusts. If there is no will, the un-included property can only pass according to statute, which may not coincide with your wishes. Also if the trusts were improperly set up and are not considered valid, then, without a will, the property can only pass according to statute.
What are the Vermont Statutes for Trusts?
The Vermont Statutes are
14 VSA Chapter 105 (Secs. 2301 - 2329)
(Sec.2314 - Concerning Replacement of Intervivos Trustee)
at Vermont Statutues Online.
To file (start) a case you must complete the
forms packet with an * next to the form name.
*Forms to Initiate Trust Estate Process
Acceptance of Appointment as Trustee
Consent of Interested Person
List of Persons Interested in Trustee Estate
Motion for License to Mortgage
Motion for License to Sell
Motion for Trustee Process Against Earnings
Notice to Interested Persons
Petition to Open Trust Estate
Petition to Remove and Replace Trustee
Summary of Account of Trustee - with schedules
Summary of Account of Trustee - without schedules
Summary of Account of Trustee (Alternate Form)
Trustee Disclosure of Earnings
Trustee's Bond Instructions
Trustee's License to Mortgage
Trustee's License to Sell
Acceptance of Service
ADA Request Customer
Application to Proceed In Forma Pauperis
Transcript Order Form
Contact & Help