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Hear this out loud PauseFormal Probate If the person who died owned real estate or if the estate is worth more than $45,000.
Hear this out loud PauseIf your estate is worth less than $5 million, it will not be subject to estate tax in Vermont. Even if your estate happens to be more than $5 million, only the amount over $5 million will be subject to the estate tax, which is applied at a flat rate of 16%.
Hear this out loud PauseTypically, fees ? such as fiduciary, attorney, executor, and estate taxes ? are paid first, followed by burial and funeral costs. If the deceased member's family was dependent on him or her for living expenses, they will receive a ?family allowance? to cover expenses. The next priority is federal taxes.
Vermont Inheritance Law and Spouses If you die intestate in Vermont, which is not a community property state, your spouse will inherit everything if you have no children, or if your only descendants are with your spouse. Descendants include children, grandchildren, and great-grandchildren.
While most estates need to undergo the probate process, the best way to avoid probate in Vermont is by creating a living trust before dying. Assets will then transfer to your beneficiaries without the need to go to court.
Property That May Avoid Probate Property held in a trust3 Jointly held property (but not common property) Death benefits from insurance policies (unless payable to the estate)4 Property given away before you die. Assets in a pay-on-death account. Retirement accounts with a named beneficiary.
Hear this out loud PauseIn Vermont, executor fees are not explicitly defined by statute. Instead, the law allows for "reasonable" compensation, which is determined based on several factors like the complexity of the estate and the amount of work required by the executor.