How to Make a Will in Vermont (2026 Guide)

A will made in Vermont must be signed by you and by 2 witnesses to be valid. Yes (Vt. Stat. Ann. tit. 14, § 108). It lets the court accept the will without tracking down the witnesses later. Below is everything the signing cover sheet in your free Vermont will covers, generated from the same rules.

Make my free Vermont will

Vermont will requirements at a glance

Witnesses required	2
Self-proving affidavit	Yes
Notary required for the will	No
Notary for the affidavit	Yes
Holographic wills recognized	No
Electronic wills recognized	No
Remote witnessing allowed	No
Community property state	No
Personal property memorandum	No
No-contest clause	Limited
Will execution statute	Vt. Stat. Ann. tit. 14, § 5
Financial POA statute	Vt. Stat. Ann. tit. 14, § 3501 et seq. (powers of attorney)
Healthcare directive statute	Vt. Stat. Ann. tit. 18, § 9700 et seq. (advance directives for health care); optional forms published by the Vermont Ethics Network

Witnesses

Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's express direction), and attested and subscribed by two or more credible witnesses in the presence of the testator and of each other (Vt. Stat. Ann. tit. 14, § 5). Vermont reduced its requirement from three witnesses to two in 2005. Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless there are two other disinterested witnesses (Vt. Stat. Ann. tit. 14, § 10). Everyone must be together for the signing; sign in one sitting.

Do you need a notary in Vermont?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Self-proving affidavit

Yes (Vt. Stat. Ann. tit. 14, § 108). It lets the court accept the will without tracking down the witnesses later. What a self-proving affidavit does.

How to sign your will in Vermont

1. Read the signing cover sheet. It is generated with your will and lists every requirement below in checklist form.
2. Gather your witnesses. You need 2 adult witnesses who are not beneficiaries. Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's express direction), and attested and subscribed by two or more credible witnesses in the presence of the testator and of each other (Vt. Stat. Ann. tit. 14, § 5). Vermont reduced its requirement from three witnesses to two in 2005. Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless there are two other disinterested witnesses (Vt. Stat. Ann. tit. 14, § 10). Everyone must be together for the signing; sign in one sitting.
3. Sign in front of your witnesses. Declare that the document is your will, sign at the end, and have the witnesses sign while you are all together.
4. Complete the self-proving affidavit before a notary. Optional but strongly recommended (Vt. Stat. Ann. tit. 14, § 108). Many people sign the will and the affidavit at the notary's office in one sitting.
5. Store the original safely. Vermont allows a testator to deposit a will with the probate division of the superior court for safekeeping during the testator's lifetime; it is sealed and released only to the testator or, after death, opened and filed (Vt. Stat. Ann. tit. 14, § 2). If you do not deposit it: Keep the original in a safe, fireproof place your executor can access without a court order; a safe-deposit box may be sealed at death. Tell your executor where it is and give them a copy.
6. Tell your executor. Your executor needs to know the will exists and where it is. Give them the Executor Information Sheet.

Your spouse's rights

A surviving spouse cannot be completely disinherited. The spouse may waive the will and take one-half of the balance of the probate estate after debts and expenses (Vt. Stat. Ann. tit. 14, § 319), plus a homestead interest and an allowance for support during administration (Vt. Stat. Ann. tit. 14, § 316; tit. 27, § 105).

Homestead

Vermont provides that the homestead of a person who dies leaving a surviving spouse passes to the spouse (and minor children) free of claims, with the spouse's interest being at least a life estate regardless of a devise to another person (Vt. Stat. Ann. tit. 27, §§ 101, 105). Have an attorney review any plan that leaves the home to someone other than your spouse. The homestead exemption from creditors is $125,000.

If you die without a will in Vermont

If you die without a will in Vermont, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If either you or your spouse have descendants who are not the other's, the spouse takes the first $150,000 plus half of the balance (Vt. Stat. Ann. tit. 14, § 311). The rest passes to descendants, then parents, then siblings (Vt. Stat. Ann. tit. 14, § 314). More on intestacy.

Other estate-planning documents in Vermont

• Durable financial power of attorney: Vt. Stat. Ann. tit. 14, § 3501 et seq. (powers of attorney). A power of attorney must be signed by the principal in the presence of at least one witness, who also signs, and the principal's signature must be acknowledged before a notary public (Vt. Stat. Ann. tit. 14, § 3503). The agent may not be the witness or notary, and the agent must sign an acknowledgment of duties before acting (§ 3503(c)). Record it in the town land records before using it for real estate.
• Advance healthcare directive: Vt. Stat. Ann. tit. 18, § 9700 et seq. (advance directives for health care); optional forms published by the Vermont Ethics Network. An advance directive must be signed and dated by the principal in the presence of two adult witnesses, who also sign; the appointed agent, the principal's spouse, parent, child, sibling or grandchild, and a person with a claim against the estate may not witness, and if the principal is in a hospital, nursing home or residential care facility, an ombudsman, patient representative, hospital chaplain or clergy member must also sign an explanation statement (Vt. Stat. Ann. tit. 18, § 9703). Notarization is not required. Vermont keeps an advance directive registry through the Department of Health (§ 9719).
• HIPAA authorization: HIPAA authorization is governed by federal law (45 C.F.R. § 164.508); no state-specific execution formality. Sign and date it; no witnesses or notary are required, though notarization does no harm.
• Personal property memorandum: None — not authorized by statute; gifts of tangible property should be made in the will itself.

Vermont notes

• A Vermont homestead passes to the surviving spouse regardless of the will (Vt. Stat. Ann. tit. 27, § 105).
• Vermont does not recognize holographic (unwitnessed handwritten) wills or a separate personal property memorandum; list gifts of specific items in the will itself.

Frequently asked questions

How many witnesses does a will need in Vermont?

Vermont requires 2 witnesses (Vt. Stat. Ann. tit. 14, § 5). Two witnesses. The will must be in writing, signed by the testator (or by another in the testator's presence and by the testator's express direction), and attested and subscribed by two or more credible witnesses in the presence of the testator and of each other (Vt. Stat. Ann. tit. 14, § 5). Vermont reduced its requirement from three witnesses to two in 2005. Use adult witnesses who take nothing under the will: a gift to a subscribing witness (or the witness's spouse) is void unless there are two other disinterested witnesses (Vt. Stat. Ann. tit. 14, § 10). Everyone must be together for the signing; sign in one sitting.

Does a will need to be notarized in Vermont?

Not for the will itself. A notary is needed only to make the will self-proving through the affidavit, which is strongly recommended.

Does Vermont have a self-proving affidavit?

Yes (Vt. Stat. Ann. tit. 14, § 108). It lets the court accept the will without tracking down the witnesses later.

Are handwritten (holographic) wills valid in Vermont?

Vermont does not generally recognize unwitnessed handwritten wills. Use a typed, witnessed will.

Can I disinherit my spouse in Vermont?

A surviving spouse cannot be completely disinherited. The spouse may waive the will and take one-half of the balance of the probate estate after debts and expenses (Vt. Stat. Ann. tit. 14, § 319), plus a homestead interest and an allowance for support during administration (Vt. Stat. Ann. tit. 14, § 316; tit. 27, § 105).

What happens if I die without a will in Vermont?

If you die without a will in Vermont, your spouse takes everything if you leave no descendants, or if all of your descendants are also your spouse's. If either you or your spouse have descendants who are not the other's, the spouse takes the first $150,000 plus half of the balance (Vt. Stat. Ann. tit. 14, § 311). The rest passes to descendants, then parents, then siblings (Vt. Stat. Ann. tit. 14, § 314).

Is a no-contest clause enforceable in Vermont?

Vermont has no statute on no-contest clauses. Vermont courts have rarely addressed them; treat enforceability as uncertain, particularly against a contest brought in good faith with probable cause.

Statutes cited are for reference and may have been amended. This page is general information, not legal advice.