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Bennington County, VT Probate Information
Quick facts
| Topic | Bennington County information |
|---|---|
| Court | Bennington Probate Division, Probate Division of the Vermont Superior Court |
| Courthouse address | 207 South Street, Bennington, VT 05201 |
| Mailing address | No separate mailing address is published. Use 207 South Street, Bennington, VT 05201. |
| Phone | 802-447-2700 |
| Hours | Monday to Friday, 8 a.m. to 4:30 p.m., except observed holidays. Closed the first Friday of each month, from 12:30 to 4:30 p.m., for in service training. |
| Filing fee | $50.00 for an estate of $10,000 or less, $110.00 from $10,001 to $50,000, rising to $3,250.00 above $10,000,000, all under 32 V.S.A. § 1434(a), in force since July 1, 2015. |
| County add-on forms | None published. Bennington County uses the Vermont Judiciary statewide probate forms. |
| E-filing | Vermont's courts, including the Probate Division, use a statewide e-filing system. The Judiciary is moving filers from Odyssey File & Serve to its new eFileVT platform, also called eFile & Serve. Attorneys and state agencies must e-file. A self-represented filer may e-file but is not required to, and may instead file in person, by mail or by email. |
| Email filing | [email protected]. Use the case number and court in the subject line when there is already a case. |
| Case access | Vermont Judiciary Public Portal at portal.vtcourts.gov. Anonymous users can see Civil Division and Judicial Bureau case summaries remotely. Probate case information is available to the general public only at courthouse public access terminals. A party who registers and is granted elevated access can view their own probate case, its hearings and its documents online. The free Bennington County Probate Division hearing calendar for the next 90 days is published at www.vtcourts.gov/court-calendars. |
| Remote appearance | Remote hearings by Zoom are used across the Vermont courts. Your hearing notice says whether your hearing is remote or in person. You can notify the court in writing to appear remotely instead, or ask permission in writing to appear in person, so that the court and the other party receive it at least three days before the hearing. |
| Website | https://www.vtcourts.gov/court-locations/bennington-probate-division |
Before you begin — know the assets and liabilities
Before you file in Bennington County, identify the probate assets, debts, beneficiary designations and co-owned property. Vermont estate settlement turns on the inventory, and the Vermont Judiciary instructs fiduciaries to file form 700-00030 within 30 days after appointment while the statute sets an outer limit of 60 days under 14 V.S.A. § 1051.
Count the institutions you will need to contact before you leave the register's office. Vermont issues two certificates of appointment with the letters of administration at no charge, and extra certificates cost $5.00 each under 32 V.S.A. § 1434(c), in force since July 1, 2015. Sunset's 2,300-institution asset discovery helps families find the accounts, policies and balances that drive that planning.
Which court handles jurisdiction
The Bennington County Probate Division at 207 South Street in the town of Bennington serves the whole county. Communities in Bennington County include Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Readsboro, Rupert, Sandgate, Searsburg, Shaftsbury, Stamford, Sunderland, Winhall and Woodford, plus Manchester Village, North Bennington and Old Bennington.
For a Vermont resident, file in the county where the decedent lived at the time of death under 4 V.S.A. § 311a(1). For a decedent who lived outside Vermont but owned property in Vermont, file in any county where the Vermont property is situated under 4 V.S.A. § 311a(2). Every Vermont county has its own Probate Division and no county shares one.
The jurisdiction process
- Choose the Vermont Judiciary statewide form packet for the route you need. A full estate usually starts with form 700-00001, and a small estate under 14 V.S.A. § 1901 starts with form 700-00001SM Petition to Open Small Estate (09/2023). Get a certified death certificate and the original will, if there is one.
- File with the Bennington Probate Division at 207 South Street, Bennington, VT 05201. You may file in person, use the courthouse drop box, mail the packet to that address, email PDFs to [email protected], or e-file if you choose to use the statewide system. If you are going to the counter, remember the office is closed the first Friday of each month from 12:30 to 4:30 p.m.
- Pay the graduated filing fee by check or money order made out to Vermont Superior Court, by credit card with the applicable processing charge, or in cash in person only. The estate filing schedule is $50.00 for $10,000 or less, $110.00 from $10,001 to $50,000, and up to $3,250.00 above $10,000,000 under 32 V.S.A. § 1434(a), in force since July 1, 2015. The court may waive part of the fee under 32 V.S.A. § 1434(b).
- Give notice and gather consents. If all required people consent in writing, the will may be allowed without a hearing under 14 V.S.A. § 107. In a small estate under 14 V.S.A. § 1901, a non-consenting interested person has 14 days to object after notice.
- If a hearing is scheduled, read the hearing notice for the date, time, place and remote or in-person instructions. The Vermont Judiciary publishes a live Bennington County Probate Division calendar covering the next 90 days. In the window published on September 1, 2026, probate hearings in Bennington County were scheduled on Tuesdays, Wednesdays, Thursdays and Fridays, in Civil/Probate Courtroom 1 or Civil/Probate Courtroom 2. Check the calendar for the current schedule.
- If you need to change how you appear, act in writing. For a remote appearance request, notify the court and the other party so they receive it at least three days before the hearing. If the hearing is remote and you want to appear in person, ask permission in writing on the same timeline.
- After appointment, the court issues letters of administration and two certificates of appointment at no charge under 32 V.S.A. § 1434(b), in force since July 1, 2015. Extra certificates cost $5.00 each under 32 V.S.A. § 1434(c), in force since July 1, 2015.
- Administer the estate, file the required inventory, address creditor claims, account or close as the route requires, and start tax work early. Vermont will not let you close the estate until the Department of Taxes issues a tax clearance. Apply on Form E-2A, and the Probate Division will not issue the final decree of distribution until it has the tax clearance under 32 V.S.A. § 7454 and 14 V.S.A. § 1069(5).
Forms and documents
Probate forms in Bennington County
The Bennington County Probate Division uses the Vermont Judiciary statewide probate forms. There are no Bennington County add-on forms and no county cover sheet. The same numbered 700 series probate forms are filed in all fourteen Vermont counties, and the Judiciary publishes them through its Court Forms page and its Estates, Wills, and Trusts pages.
| Need | Common Vermont forms |
|---|---|
| Open a full estate | 700-00001 Petition to Open Decedent's Estate, 700-00148 Notice of Appearance, 700-00002E List of Interested Persons for Estates, 700-00020 Estate Administration Bond and 700-00008 Certificate of Service - Probate. |
| Open a small estate under 14 V.S.A. § 1901 | 700-00001SM Petition to Open Small Estate (09/2023), 700-00148 Notice of Appearance, 700-0002E List of Interested Persons for Estates, 700-00030 Inventory Schedule, 700-00402 Affidavit of Paid and Outstanding Funeral Expenses and Debts for Small Estate, and 700-00020PESM Small Estate Administration Bond. |
| Nonresident fiduciary | 700-00026 Appointment of Resident Agent, tied to 14 V.S.A. § 904. |
| Creditors | PE 32 Notice to Creditors or 700-00033 Motion to Waive Notice to Creditors. |
| Sell real estate | 700-00035 Motion for License to Sell or Convey Real Estate. The filing fee for that motion is $100.00 under 32 V.S.A. § 1434(a)(26), in force since July 1, 2015. |
| Close the estate | 700-00152 Fiduciary's Closing Report and Discharge, 700-00153 Receipt, and for a small estate under 14 V.S.A. § 1901, 700-00055 Report of Fiduciary of Small Estate. |
| Guide | 700-00302 Probating a Vermont Estate (01/2026). |
Recent updates
Scenarios
| Scenario | Bennington County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | File in Bennington if the decedent lived in Bennington County. A jointly held home may pass outside the estate, but the inventory and spouse notices still need careful review, including the elective share rules in 14 V.S.A. § 319. | Sunset helps identify accounts, policies and ownership details before the inventory is signed, so estate settlement starts with the full asset picture. |
| Out-of-state adult child with small estate | You can start by mail or email to [email protected] instead of driving to Bennington. A small estate under 14 V.S.A. § 1901 uses form 700-00001SM Petition to Open Small Estate (09/2023). A nonresident fiduciary needs 700-00026 Appointment of Resident Agent under 14 V.S.A. § 904, and appointment is in the court's discretion. | Sunset helps assemble the packet remotely, identify the accounts before travel is planned, and flag when a Vermont resident agent or attorney is needed. |
| Parent settling predeceased child's estate, home must be sold | Real estate means the estate follows a full estate path rather than the small estate route under 14 V.S.A. § 1901. A sale requires a court license, usually through 700-00035 Motion for License to Sell or Convey Real Estate. The motion fee is $100.00 under 32 V.S.A. § 1434(a)(26), in force since July 1, 2015. | Sunset helps value and locate estate assets before the motion is filed, then connects the family with a local probate attorney for the sale process. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Access and Resource Center | Free court process information, help with Vermont court forms and information about ways to get an attorney. Staff do not give legal advice. Case types include full estates and small estates under 14 V.S.A. § 1901. | 802-879-1185, [email protected]. Calls and email Monday to Friday, 8 a.m. to 4 p.m., closed court holidays. In-person support is by appointment at 32 Cherry Street, Burlington. |
| Vermont Judiciary Information Center | Use this number if you do not know the case number or which court has the case. | 802-652-1900 |
| Vermont Bar Association Lawyer Referral Service | Referral service for Vermont attorneys. The Judiciary lists the consultation terms on its Finding Legal Help page. | 800-639-7036 or the online referral form |
| Vermont Association for Justice Lawyer Referral Service | Judiciary-listed lawyer referral service searchable by practice area and proximity. The Judiciary notes that it does not set a consultation rate. | Use the service listed on the Judiciary Finding Legal Help page. |
| VTLawHelp.org, Going Through Probate After Someone Died | Vermont legal-help website linked from the Judiciary's Estates, Wills, and Trusts page. | https://vtlawhelp.org/going-through-probate |
| Vermont Department of Taxes | Issues the tax clearance required before the Probate Division may issue the final decree of distribution under 32 V.S.A. § 7454. Use Form E-2A for the tax clearance application. | https://tax.vermont.gov/individuals/estate-tax |
When to hire an attorney
How Sunset helps
Find the accounts and assets. Sunset helps families search across more than 2,300 financial institutions, insurers and other sources so the Bennington County inventory starts from a complete asset picture.
Generate the probate packet. Sunset organizes the information needed for Vermont estate settlement forms, including the petition, interested-person details, inventory inputs and certificate needs.
Find a local probate attorney. When a sale, dispute, resident agent issue or tax clearance problem calls for counsel, Sunset connects families with a vetted Vermont probate attorney.
Sunset is free for families. Families can use Sunset's estate settlement tools without paying Sunset, and attorney help is optional unless the family chooses to hire counsel.
Frequently asked questions
Where do I file probate in Bennington County, Vermont?
File with the Bennington Probate Division at 207 South Street, Bennington, VT 05201. If the decedent lived in Bennington County, venue is in that county under 4 V.S.A. § 311a(1). If the decedent lived outside Vermont but owned Vermont property, venue can be in a county where that Vermont property is situated under 4 V.S.A. § 311a(2).
What are the counter hours at the Bennington County Probate Division?
The office is open Monday to Friday, 8 a.m. to 4:30 p.m., except observed holidays. It is closed the first Friday of each month from 12:30 to 4:30 p.m. for in service training.
Can I file by mail or email instead of driving to Bennington?
Yes. You can mail filings to the Bennington Probate Division at 207 South Street, Bennington, VT 05201, email PDFs to [email protected], use the courthouse drop box, or e-file. If there is already a case, put the case number and court in the email subject line.
Is e-filing required for a self-represented filer in Bennington County?
No. Vermont's courts, including the Probate Division, use a statewide e-filing system, and the Judiciary is moving filers from Odyssey File & Serve to eFileVT, also called eFile & Serve. Attorneys and state agencies must e-file, but a self-represented filer may use paper, mail, email or e-filing.
Can I look up a Bennington County probate case from home?
Anonymous remote access through portal.vtcourts.gov is limited to Civil Division and Judicial Bureau case summaries. Probate case information is available to the general public only at courthouse public access terminals. A party who registers and receives elevated access can view their own probate case, its hearings and its documents online.
When does the Bennington County Probate Division hold hearings?
The Vermont Judiciary publishes a live Bennington County Probate Division calendar covering the next 90 days. In the window published on September 1, 2026, probate hearings in Bennington County were scheduled on Tuesdays, Wednesdays, Thursdays and Fridays, in Civil/Probate Courtroom 1 or Civil/Probate Courtroom 2. Check the calendar for the current schedule.
Do I have to appear in person for a Bennington County probate hearing?
Your hearing notice says whether the hearing is remote by Zoom or in person. If you want a remote appearance for an in-person hearing, notify the court and the other party in writing so they receive it at least three days before the hearing. If the hearing is remote and you want to appear in person, ask permission in writing on the same timeline.
Are there separate Bennington County probate forms?
No separate Bennington County probate forms or cover sheet are published. Use the Vermont Judiciary statewide probate forms, including 700-00001 for a full estate and 700-00001SM Petition to Open Small Estate (09/2023) for a small estate under 14 V.S.A. § 1901.
What does it cost to open an estate in Bennington County?
The estate filing fee is statewide. It is $50.00 for an estate of $10,000 or less, $110.00 from $10,001 to $50,000, and rises through the statutory brackets to $3,250.00 above $10,000,000 under 32 V.S.A. § 1434(a), in force since July 1, 2015. Checks and money orders are made out to Vermont Superior Court.
I live out of state and my parent lived in Bennington County. Do I have to travel there?
You may be able to begin by mail, email or e-filing, and your hearing notice will say whether any hearing is remote or in person. If you are proposed as a nonresident fiduciary, Vermont requires a resident agent filing under 14 V.S.A. § 904, using 700-00026 Appointment of Resident Agent.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.