Vermont Survivor Benefits Checklist After a Death

When someone dies in Vermont, the benefits you are entitled to don't arrive automatically. Most require you to take specific action — often within strict, non-extendable windows — and to contact multiple agencies that have no awareness of each other. Missing a deadline doesn't generate a second notice. It simply forfeits the benefit.

This checklist sequences the most important steps in roughly chronological order, starting with the first 72 hours and running through the following 12 months. Not every item applies to every family, but this covers the full landscape of what Vermont law makes available.

First 72 Hours: Secure the Paperwork Foundation

Everything in Vermont's post-death process runs on certified death certificates. Order more than you think you need — each state agency, each bank, each pension board, and each insurance company requires its own certified copy. The Vermont Department of Health charges $10 per certificate, plus $2 if ordered online through the state's VRIMS portal. The local Town Clerk where the death occurred is often faster.

Immediate actions:

• Order at least 10 certified death certificates from the local Town Clerk or the Vermont Department of Health Vital Records Office
• Check for a registered advance directive or COLST order through the Vermont Advance Directive Registry (VADR) — this controls who has authority to manage funeral arrangements
• Locate the original Last Will and Testament — Vermont law requires it to be delivered to the Probate Division of the Superior Court within 30 days of discovering the death
• Contact the funeral home to apply for Vermont DCF General Assistance if the family cannot afford burial expenses (up to $1,100 paid directly to the funeral provider)
• If the death was work-related, notify the employer's workers' compensation insurance carrier immediately to trigger burial expense coverage (up to $10,000)
• If the death resulted from a violent crime, contact the Vermont Center for Crime Victim Services (CCVS) to begin the funeral expense compensation process (up to $7,000)

Week Two: Property, Vehicles, and Bank Access

Several Vermont transfers happen outside probate court and require direct agency contact rather than court filings.

Property and vehicle transfers:

• Record a certified death certificate at the local Town Clerk's office ($15 per page) to clear the decedent's interest from jointly held real estate — this is required even for joint tenancy with right of survivorship
• If the decedent owned a vehicle with a Transfer on Death (TOD) designation (Form VT-007), present the death certificate to the DMV to complete the title transfer
• If no TOD exists, use the Surviving Spouse Exception at the DMV to transfer the vehicle without probate — note this exemption is limited in how many vehicles it covers
• Contact banks and financial institutions — most require certified death certificates plus account information

Retirement and pension notifications:

• Contact the Vermont State Employees' Retirement System (VSERS), Vermont State Teachers' Retirement System (VSTRS), or Vermont Municipal Employees' Retirement System (VMERS) if the deceased was a public employee or retiree
• Request the survivor beneficiary forms — these must be notarized and submitted by hard copy to the Retirement Office
• Contact Social Security Administration (1-800-772-1213) to report the death and inquire about survivor benefits

Month One: Probate Assessment and Court Filing

Vermont's probate process divides into two tracks based on the total gross value of assets solely owned by the decedent.

Determine the probate track:

• If the estate's gross fair market value is $45,000 or less, you may file for a simplified small estate procedure — fees range from $50 to $110 and the process moves significantly faster
• If assets exceed $45,000, formal probate is required through the Odyssey File & Serve (OFS) system — fees escalate from $265 to $1,000 depending on estate size
• File the original will with the Probate Division within 30 days of learning of the death (14 V.S.A. § 103)
• After court appointment, file a comprehensive inventory of all estate assets within 30 days (14 V.S.A. § 1051)

Claim your spousal rights:

• A surviving spouse has four months from service of the notice of rights or inventory to elect against the will and instead claim a one-half share of the estate — this right expires permanently
• Vermont law also entitles surviving spouses to a homestead allowance of up to $125,000 regardless of what the will says

Months One Through Four: The Critical Creditor Window

Once the probate court appoints the executor, they must publish a notice to creditors (Form PE32). The date of this publication starts the four-month clock on creditor claims — including any Medicaid estate recovery claim from the Department of Vermont Health Access (DVHA).

During this window:

• If the decedent received Medicaid-funded long-term care, file DVHA hardship exemption forms (DVHA 13, 14, or 15) before the probate estate closes to shield the homestead from forced liquidation
• Evaluate and respond to incoming creditor claims within 60 days of receipt
• Survivors who qualify as caregivers (sibling who lived in the home for one year, or adult child who lived there two years and enabled delayed institutionalization) may qualify for an absolute exemption from Medicaid estate recovery

Months Five Through Nine: Taxes and Clearances

Vermont's estate tax applies only if the gross estate plus adjusted taxable gifts within two years of death exceeds $5,000,000. The filing threshold is slightly lower at $4.25 million. The tax rate is a flat 16% on any value above $5 million.

Tax filings:

• File Vermont Form EST-191 (Estate Tax Return) within nine months of the date of death if required — no extensions on payment, only on filing
• File the decedent's final personal income tax return (Form IN-111) for income earned from January 1 to the date of death
• File Form FIT-161 (Fiduciary Income Tax Return) if the estate generated income during administration
• Request Vermont tax clearance (Form E-2A) once all taxes are paid — the probate court cannot issue a final decree of distribution without this document
• Update the Homestead Declaration (Form HS-122) — an estate cannot claim a new Property Tax Credit if the homeowner died before April 1 of the tax year

What to Claim Beyond Probate

Several significant benefits operate entirely outside the probate estate:

• Social Security survivor benefits — available to spouses, minor children, and dependent parents
• VA survivor benefits — Dependency and Indemnity Compensation (DIC) for surviving spouses of veterans who died from service-connected causes; Vermont also offers a separate disabled veteran property tax exemption (minimum $10,000, up to $40,000 depending on municipality)
• Life insurance proceeds — pass directly to named beneficiaries and do not go through probate
• Vermont Emergency Personnel Survivors Benefit — $80,000 payment to survivors of firefighters and law enforcement officers who die in the line of duty, administered by the State Treasurer
• VSERS/VSTRS/VMERS survivor pensions — continuing monthly income with annual cost-of-living adjustments, plus possible health insurance subsidy continuation

The Vermont Survivor Benefits Navigator consolidates all of these claims into a single sequenced guide — covering the exact forms, deadlines, and agency contacts for each benefit type, so nothing gets missed during the most difficult period.

Key Phone Numbers and Agencies

The hardest part of this process isn't understanding any single rule — it's knowing that all of these systems exist in parallel and that each has its own deadline. A sequenced checklist prevents the gaps. Use this as a starting point and the Navigator for the full detail.

See more Vermont guides →