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Windham County, VT Probate Information
Quick facts
| Item | Details |
|---|---|
| Court | Windham Probate Division |
| Courthouse address | 30 Putney Road, 2nd Floor, Brattleboro, VT 05301 |
| Mailing address | No separate mailing address is listed for the Probate Division. Mail to the courthouse address. |
| Phone | 802-257-2800 |
| Hours | Monday through Friday, 8 a.m. to 4:30 p.m., except observed holidays. Closed the first Friday of each month, 8:00 a.m. to noon, for in-service training. |
| [email protected] | |
| 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 (32 V.S.A. § 1434(a), in force since July 1, 2015). |
| Windham-only forms | None. Windham County uses the Vermont Judiciary statewide probate forms. |
| E-filing | Vermont courts, including the Probate Division, use a statewide e-filing system. The Judiciary is moving filers from Odyssey File & Serve to eFileVT, also called eFile & Serve. Attorneys and state agencies must e-file. A self-represented filer may e-file but may instead file in person, by mail or by email. |
| 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 receives elevated access can view their own probate case, hearings and filings online. The free Windham County Probate Division hearing calendar for the next 90 days is posted at www.vtcourts.gov/court-calendars. |
| Remote appearance | Remote hearings by Zoom are used across the Vermont courts. Your hearing notice says whether the hearing is remote or in person. To appear remotely for an in-person hearing, notify the court in writing. To appear in person for a remote hearing, ask permission in writing. The court and the other party must receive the writing at least three days before the hearing. |
| Parking | On site. |
| Website | www.vtcourts.gov/court-locations/windham-probate-division |
Before you begin — know the assets and liabilities
Before you file in Brattleboro, identify the assets, debts, beneficiaries and likely tax filings. Vermont estate settlement moves quickly at the front end because the inventory is filed early and the court issues only two free certificates of appointment with the letters of administration.
Sunset's 2,300-institution asset discovery helps you find accounts, insurance, retirement assets and other property before you choose forms, pay the graduated filing fee, or decide how many extra certificates to request from the register's office.
Which court handles jurisdiction
The Windham County Probate Division at 30 Putney Road, 2nd Floor, in Brattleboro serves Windham County. Vermont law gives each county its own Probate Division structure (4 V.S.A. § 272(a); 4 V.S.A. § 30(b)). For a Vermont resident, venue for a decedent's estate is in the county where the person lived at death (4 V.S.A. § 311a(1)). For a person who lived outside Vermont but owned property in Vermont, venue may be in any district where that Vermont property is located (4 V.S.A. § 311a(2)).
Windham County communities include Athens, Brattleboro, Brookline, Dover, Dummerston, Grafton, Guilford, Halifax, Jamaica, Londonderry, Marlboro, Newfane, Putney, Rockingham, Somerset, Stratton, Townshend, Vernon, Wardsboro, Westminster, Whitingham, Wilmington and Windham. Incorporated villages listed for the county include Bellows Falls, Jacksonville, Newfane, Saxtons River and Westminster.
The jurisdiction process
- Choose the statewide Vermont probate forms for the estate. Use the full estate petition, the statewide small estate forms under 14 V.S.A. § 1901 when that route fits, or the no-assets will filing when no administration is needed. Get a certified death certificate from the Vermont Department of Health or a town clerk's office.
- File with the Windham County Probate Division because the decedent lived in Windham County, or because Vermont property gives venue in Windham County. You may file in person at 30 Putney Road, 2nd Floor, in Brattleboro, use the courthouse drop box, mail the packet to the same address, email [email protected] with the case number and court in the subject line, or use e-filing.
- Pay the graduated filing fee by check or money order made out to Vermont Superior Court, by cash in person, or by credit card. Credit card payments carry a 2.39% convenience fee at the counter or by phone, and a 2.89% credit card fee on the e-filing platform. The court may waive part of the filing fee for an eligible applicant (32 V.S.A. § 1434(b), schedule in force since July 1, 2015).
- Give notice and gather consents. If all required people consent in writing, the will may be allowed without a hearing. In a small estate under 14 V.S.A. § 1901, the court may approve the appointment without further notice or hearing if no objection is filed within the statutory objection period.
- If the court sets a hearing, read the hearing notice for the date, time, place and whether the hearing is remote or in person. The Vermont Judiciary publishes a live Windham County Probate Division calendar covering the next 90 days. In the window published on September 1, 2026, Windham County probate hearings were scheduled on Thursdays and Fridays. Check the current calendar before relying on any date.
- Handle remote appearance in writing. If your hearing is in person and you want to appear remotely, notify the court in writing. If your hearing is remote and you want to appear in person, ask permission in writing. The court and the other party must receive the writing at least three days before the hearing.
- After appointment, the Probate Division issues letters of administration and two certificates of appointment at no charge. Extra certificates cost $5.00 each under the fee schedule in force since July 1, 2015 (32 V.S.A. § 1434(c)). Count the banks, brokerages, insurers and agencies you need to contact before requesting extras.
- Administer the estate, file required accounts or closing papers, and obtain the Vermont tax clearance. The Department of Taxes uses Form E-2A for tax clearance, and the Probate Division will not issue the final decree of distribution until the clearance is received (32 V.S.A. § 7454; 14 V.S.A. § 1069(5)).
Forms and documents
Probate forms in Windham County
The Windham County Probate Division uses the Vermont Judiciary's statewide probate forms. There are no Windham County local forms and no local cover sheet. The same numbered 700-series probate forms are filed in all Vermont counties, and the Judiciary posts them through its Court Forms page and its Estates and Wills materials.
| Need | Common statewide forms |
|---|---|
| Open a full estate | 700-00001 Petition to Open Decedent's Estate; 700-00148 Notice of Appearance, Probate Division; 700-00002E List of Interested Persons for Estates; 700-00020 Estate Administration Bond; 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, Probate Division; 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; 700-00020PESM Small Estate Administration Bond |
| Nonresident fiduciary | 700-00026 Appointment of Resident Agent, tied to the nonresident fiduciary rule in 14 V.S.A. § 904 |
| Creditors | PE 32 Notice to Creditors; 700-00033 Motion to Waive Notice to Creditors |
| Sell real estate | 700-00035 Motion for License to Sell or Convey Real Estate |
| Close the estate | 700-00152 Fiduciary's Closing Report and Discharge; 700-00153 Receipt; 700-00055 Report of Fiduciary of Small Estate |
| Guide | 700-00302 Probating a Vermont Estate (01/2026) |
Recent updates
Scenarios
| Scenario | Windham County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with a co-owned home | File in Brattleboro if the decedent lived in Windham County. A co-owned home may pass outside the probate estate, but the estate settlement still needs a careful inventory of probate and nonprobate assets, and the spouse's rights depend on the notice and inventory steps. | Sunset finds accounts, insurance and policies before the inventory is signed, so the spouse can avoid missing assets and unnecessary extra filings. |
| Out-of-state adult child with a small estate | Use mail, email or e-filing to start in Brattleboro when travel is difficult. A nonresident fiduciary may need 700-00026 Appointment of Resident Agent, and appointment is subject to the court's discretion under 14 V.S.A. § 904. The small estate route itself is governed by 14 V.S.A. § 1901. | Sunset helps assemble the packet remotely, identify the accounts first, and decide whether a Brattleboro trip is actually needed. |
| Parent settling a predeceased child's estate, home must be sold | Real estate generally points to full administration rather than the small estate route under 14 V.S.A. § 1901. Selling real estate requires a court license, and the motion for license to sell real estate costs $100.00 under the fee schedule in force since July 1, 2015 (32 V.S.A. § 1434(a)(26)). | Sunset helps locate and organize the estate assets before the sale motion is filed, and connects the family with a local probate attorney when a licensed sale is needed. |
Self-help resources
| Resource | How it helps | Contact |
|---|---|---|
| Access and Resource Center | An office of the Vermont courts offering free process information, help with court forms and information about getting an attorney. Staff do not give legal advice. Its case types include full estates and small estates under 14 V.S.A. § 1901. | 802-879-1185; [email protected]. Phone and email hours are Monday through Friday, 8:00 a.m. to 4:00 p.m., except court holidays. In-person support is by appointment at the Costello Courthouse, 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 | Judiciary-listed referrals to Vermont attorneys, including referrals for an initial consultation under the terms listed by the Judiciary. | 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. | Listed through the Vermont Judiciary Finding Legal Help page |
| VTLawHelp.org, Going Through Probate After Someone Died | Vermont legal-help probate information linked from the Judiciary's Estates and Wills page. | vtlawhelp.org/going-through-probate |
| Vermont Department of Taxes | Handles the E-2A tax clearance needed before the Probate Division issues the final decree of distribution (32 V.S.A. § 7454). | tax.vermont.gov |
When to hire an attorney
You do not have to have a lawyer to open an estate in Windham County, but counsel makes sense when real estate must be sold under court license, a will or account is contested, the estate may be insolvent, or an out-of-state fiduciary needs a Vermont resident agent under 14 V.S.A. § 904. Sunset connects you to a vetted local probate attorney.
How Sunset helps
Find the accounts and assets. Sunset searches across institutions and helps build the asset list needed for Vermont estate settlement, including the accounts that determine how many certificates of appointment you may need.
Generate the probate packet. Sunset helps organize the Windham County filing packet around the Vermont statewide forms, the Brattleboro filing options and the information the register's office will expect to see.
Find a local probate attorney. When a sale, dispute, tax issue or resident agent question calls for counsel, Sunset connects the family with a vetted Vermont probate attorney.
Sunset is free for families. Families can use Sunset to organize estate settlement, find assets and prepare for the next probate step without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Windham County, Vermont?
File with the Windham County Probate Division at 30 Putney Road, 2nd Floor, Brattleboro, VT 05301. For a Vermont resident, the estate is filed where the decedent lived at death (4 V.S.A. § 311a(1)).
What are the counter hours at the Windham County Probate Division?
The counter hours are Monday through Friday, 8 a.m. to 4:30 p.m., except observed holidays. The office is closed the first Friday of each month from 8:00 a.m. to noon for in-service training.
Can I file by mail or email instead of driving to Brattleboro?
Yes. You may mail filings to the Windham Probate Division at 30 Putney Road, 2nd Floor, Brattleboro, VT 05301, or email PDF filings to [email protected]. Include the case number and court in the subject line when a case number exists. You may also use e-filing.
Is e-filing available for Windham County probate?
Yes. Vermont courts, including the Probate Division, use a statewide e-filing system. The Judiciary is moving filers from Odyssey File & Serve to eFileVT, also called eFile & Serve. Attorneys and state agencies must e-file. Self-represented filers may e-file but may instead file in person, by mail or by email.
How do I access a Windham County probate case?
Use the Vermont Judiciary Public Portal at portal.vtcourts.gov with care. Anonymous remote access covers 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, hearings and filings online.
When does the Windham County Probate Division schedule hearings?
The Vermont Judiciary publishes a live Windham County Probate Division calendar covering the next 90 days. In the window published on September 1, 2026, Windham County probate hearings were scheduled on Thursdays and Fridays, in Civil Courtroom 4, the Eddie John Room, or the Family/Criminal/Probate Courtroom 2. Check the live calendar for the current schedule.
Do I have to appear in person for a Windham County probate hearing?
Your hearing notice tells you whether the hearing is remote by Zoom or in person. If the hearing is in person and you want to appear remotely, notify the court in writing. If the hearing is remote and you want to appear in person, ask permission in writing. The court and the other party must receive the writing at least three days before the hearing.
Are there Windham-only probate forms?
No. Windham County uses the Vermont Judiciary statewide probate forms. There is no Windham County cover sheet. For example, the statewide small estate route uses 700-00001SM Petition to Open Small Estate (09/2023) under 14 V.S.A. § 1901.
What does it cost to open an estate in Windham County?
The filing fee is statewide and graduated. It is $50.00 for an estate of $10,000 or less, $110.00 from $10,001 to $50,000, and rises through additional brackets to $3,250.00 above $10,000,000 (32 V.S.A. § 1434(a), in force since July 1, 2015).
I live out of state and my parent lived in Windham County. Do I have to travel to Vermont?
Not for every step. You may be able to file by mail, email or e-filing, and your hearing notice will say whether any hearing is remote or in person. If you are appointed while living outside Vermont, the court may require 700-00026 Appointment of Resident Agent under 14 V.S.A. § 904.
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.