State requirements
Making a will in Vermont
Vermont requires 3 adult witnesses, does not recognize holographic wills, and offers a self-proving affidavit that speeds up probate. Every rule below is drawn from the statute.
Witnesses
3 adults
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, 3 witnesses |
| Self-Proving | 14 V.S.A. § 5 | Available with affidavit |
| Waiver of Will | 14 V.S.A. § 401 | Spousal share protections |
Execution Requirements
VERMONT WILL REQUIREMENTS:
✓ In writing
✓ Signed by testator
✓ Attested by 3 credible witnesses (UNIQUE - most states require only 2)
✓ Witnesses sign in testator's presence
⚠️ NO holographic wills recognized
⚠️ REQUIRES 3 WITNESSES (not 2)
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
- •[ ] 3 credible witnesses signed in testator's presence (IMPORTANT: 3 required)
- •[ ] Self-proving affidavit completed
Vermont will questions, answered
Can I make a will online in Vermont?
Yes. Vermont does not require a lawyer to draft a will. A will created online is valid in Vermont when it is properly executed — in writing, signed by a testator aged 18+ of sound mind, and witnessed by 3 adult witnesses.
How many witnesses does a will need in Vermont?
Vermont requires 3 adult 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?
No. Witnesses make a will valid in Vermont, not a notary. 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?
A valid Vermont will is in writing, made by a person aged 18+ of sound mind, signed by the testator, and attested by 3 adult witnesses. Note: Vermont requires 3 witnesses (not 2).
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Start my will — $29This page is general information about Vermont law, not legal advice. Statutes change — verify current requirements or consult a licensed Vermont attorney for complex situations.