State requirements
Making a will in Vermont
Vermont lists 2 witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. These are educational source notes, not a certification of an individual document. Verify the current official rules before signing.
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Witnesses
2 witnesses
Notarization
Optional (affidavit)
Holographic wills
Not recognized
Self-proving affidavit
Available
Overview
Vermont has traditional will requirements. Vermont does NOT recognize holographic wills. Vermont is NOT a community property state but has waiver of will provisions.
Key Statutes
| Statute | Citation | Summary |
|---|---|---|
| Testamentary Capacity | 14 V.S.A. § 1 | 18+ and of sound mind |
| Execution Requirements | 14 V.S.A. § 5 | Written, signed, 2 witnesses |
| Self-Proving | 14 V.S.A. § 108 | Available — sworn acknowledgment before a notary |
| Waiver of Will | 14 V.S.A. § 401 | Spousal share protections |
Execution Requirements
VERMONT WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 2 or more credible witnesses
✓ Witnesses sign in the presence of the testator and each other
⚠️ NO holographic wills recognized
⚠️ Older guides still list 3 witnesses — 14 V.S.A. § 5 now reads "two or more"
Waiver of Will
VERMONT WAIVER OF WILL:
- Surviving spouse may waive provisions of will
- Takes statutory share instead
- Includes homestead rights
- Must waive within specified time period
Vermont Estate Tax
VERMONT ESTATE TAX:
- Vermont has state estate tax
- $5 million exemption
- Flat 16% rate on amount over exemption
Checklist for Vermont Wills
- •[ ] Testator is 18+ and of sound mind
- •[ ] Will is written
- •[ ] Testator signed
- •[ ] 2 or more credible witnesses signed in the presence of the testator and each other
- •[ ] Self-proving affidavit completed
Vermont will questions, answered
Can I make a will online in Vermont?
You can prepare wishes online, but the method of drafting alone does not establish validity. Check Vermont requirements, your circumstances and the currently supported drafting scope. Professional review is separate.
How many witnesses does a will need in Vermont?
Vermont requires 2 witnesses. Witnesses should not be beneficiaries — an interested witness can jeopardize their gift or invite a contest.
Does Vermont require a will to be notarized?
Notarization and witnessing serve different purposes. Check the rules for your particular Vermont document; neither action alone establishes validity. A notary is used for the optional self-proving affidavit, which lets the probate court accept the will without contacting your witnesses.
Are handwritten (holographic) wills valid in Vermont?
No. Vermont does not recognize holographic (unwitnessed handwritten) wills made in the state. Your will must be properly witnessed to be valid.
What makes a will legally valid in Vermont?
Vermont sets out what happens at signing: the will is in writing, the person making it is 18 or older and of sound mind, they sign it, and 2 witnesses who are not beneficiaries sign it as well. A notary is not part of that list — notarization belongs to the optional self-proving affidavit. Capacity and freedom from pressure matter as much as the formalities, and statutes change, so read the current Vermont source above and get local help for your circumstances. Note: Vermont sets the number of witnesses at two or more; older guides that say 3 are out of date.
Keep reading
All guides →Your Vermont wishes, thoughtfully prepared.
Start with your location and supported circumstances. A public guide does not mean generation is currently open. Professional review and signing remain separate steps.
Check drafting availabilityThis page is general information about Vermont law, not legal advice. Statutes change — verify current requirements or consult a licensed Vermont attorney for complex situations.