Vermont Will Template: How to Write a Will That Holds Up in Probate

A will template is only useful if it produces a document that actually survives a probate challenge. Vermont's will execution requirements under 14 V.S.A. § 5 are stricter than many states — no electronic signatures, no oral wills, no shortcuts. A template that doesn't account for these rules creates a document that looks official but could be thrown out.

Here's what your Vermont will must include, and the specific mistakes that invalidate wills in this state.

The Four Legal Requirements

Under Vermont law, a valid will requires:

1. Testamentary capacity — you must be at least 18 years old (or an emancipated minor) and of sound mind when you sign
2. Written form — the document must be on physical paper, handwritten or typed. Vermont does not recognize electronic or digital wills
3. Your signature — signed by you personally, or signed by another person in your presence at your express direction
4. Two credible, disinterested witnesses — both witnesses must sign in your presence and in each other's presence

The witness requirement trips people up most often. "Disinterested" means the witnesses cannot be beneficiaries of the will. Under 14 V.S.A. § 10, any gift made to a subscribing witness (or their spouse) is void unless two other competent, disinterested witnesses also signed. This means a will with only two witnesses — one of whom is a beneficiary — effectively disinherits that beneficiary.

The Self-Proving Affidavit (14 V.S.A. § 108)

A self-proving affidavit isn't required to make your will legally valid, but skipping it is a gamble. Without one, the probate court must locate your witnesses after your death and obtain their testimony or sworn statements confirming they witnessed your signature. If a witness has moved, become incapacitated, or died, this creates delays that can add months to the probate process.

The affidavit is a sworn statement signed by you and both witnesses before a notary public. It confirms:

• You signed the will freely and voluntarily
• You were of sound mind and at least 18 years old
• Each witness signed at your request, in your presence, and in each other's presence

With a self-proving affidavit attached, the probate court admits the will without witness testimony — cutting the timeline to open administration significantly.

What Vermont Does Not Accept

Oral wills. Vermont does not recognize nuncupative (spoken) wills under any circumstances, even deathbed declarations made before witnesses.

Holographic wills (with a catch). A handwritten will is valid in Vermont only if it meets the exact same formalities as a typed will — including two disinterested witnesses. The handwriting alone doesn't create validity the way it does in states like Arizona or Texas.

Electronic wills. Vermont has not adopted electronic will legislation. You cannot sign a will via DocuSign, Zoom witnessing, or any digital platform.

Common Template Mistakes

Using a generic national template. Many online templates omit the self-proving affidavit language specific to 14 V.S.A. § 108. Others include provisions for electronic execution that have no legal effect in Vermont.

Naming a witness as a beneficiary. If your neighbor witnesses your will and you've also left them a small bequest, that bequest is void unless you have two additional disinterested witnesses.

Forgetting the notary for the self-proving affidavit. The will itself doesn't need notarization. But the self-proving affidavit does. People often confuse these requirements and either notarize unnecessarily or skip the affidavit entirely.

Not addressing Vermont-specific assets. A template designed for a state with county recorders won't mention Vermont's town clerk filing system for real property. If your will references property transfers, your executor needs to know they'll file with the municipal town clerk, not a county office.

Beyond the Will: What Else Your Estate Plan Needs

A will alone doesn't avoid probate — it just tells the court how to distribute your assets during probate. To keep property out of court entirely, you need non-probate transfer tools:

• Enhanced Life Estate Deeds (Lady Bird Deeds) for real property
• Payable on Death (POD) designations for bank accounts
• Transfer on Death (TOD) registrations for vehicles and securities
• Beneficiary designations on retirement accounts and life insurance

The Vermont Basic Estate Planning Kit includes a state-compliant will template with the 14 V.S.A. § 108 self-proving affidavit, plus checklists for coordinating all your non-probate transfers into one coherent plan.

See more Vermont guides →