Surviving Spouse Statement (N/a)

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Surviving Spouse Statement (N/a) is a commonly used form within Vermont. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

Atticus Fast Facts About Surviving Spouse Statement (N/a)

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Surviving Spouse Statement (N/a):

• This form pertains to the State of Vermont

• The current version of this form was last revised on January 1, 1970

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about Vermont’s Form Surviving Spouse Statement (N/a) up to date, certain details can change from time-to-time with little or no communication.

Step 1 - Download the correct Vermont form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Vermont probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form Surviving Spouse Statement (N/a), take a break, and then review. Probate and estate settlement processes in VT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form Surviving Spouse Statement (N/a) online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Surviving Spouse Statement (N/a) to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

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Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Vermont.

5 reasons you should submit this form as quickly as possible:

1. The sooner you begin, the faster Vermont can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.
   
   Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Vermont. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

5. If a house in the State of Vermont is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Vermont probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Vermont probate clerk or court for exact answers regarding Form Surviving Spouse Statement (N/a), and when in doubt— consult a qualified trust & estates lawyer for that area.

Surviving Spouse Statement (N/a) is one of the many probate court forms available for download through Atticus.

It may also be available through some Vermont probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Vermont.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form Surviving Spouse Statement (N/a) f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Vermont probate court office.

Surviving Spouse Statement (N/a) is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Vermont-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

Here’s the text, verbatim, that is found on Vermont Form Surviving Spouse Statement (N/a). You can use this to get an idea of the context of the form and what type of information is needed.

VT-021 05/2018 MTC Death Informational Bulletin Department of Motor Vehicles Agency of Transportation 120 State Street Montpelier, Vermont 05603-0001 888.99-VERMONT dmv.vermont.gov Requirements to Register/Re-Title Vehicle, Vessel, Snowmobile or All-Terrain Vehicle When Owner is Deceased Definitions • Registered / Titled Owner - Individual(s) shown as Owner(s) on the Title and/or Registration Certificate. • Intestate - Died without a will. • No Probate - The estate will not be the subject of Probate Court proceedings. • Probate - The estate is the subject of Probate Court proceedings. • Officer Of The Court - An attorney or an official court officer such as Court Clerk or Probate Judge. • Vehicle – For the purposes of this form, the word “vehicle” will mean a motor vehicle, vessel, ATV, or snowmobile. The following documents are required to sell or assign the vehicle, vessel, snowmobile or all-terrain vehicle based upon the Rights of Survivorship: 1) Jointly titled to Tenants By The Entirety (spouses): • A copy of the Death Certificate identifying the surviving spouse. 2) Jointly titled and title states ownership to be Joint Tenants or Partners: • A copy of the Death Certificate. 3) Titled to deceased only & ownership states Transfer on Death “TOD” (excludes vessel, snowmobile or ATV]: • A copy of the Death Certificate. • Original title with Release of Liens section completed by the lienholder, if applicable. 4) Titled to deceased only or jointly with persons other than spouse and ownership states Tenants in Common or nature of ownership not stated on title: INTESTATE - NO PROBATE • A copy of the Death Certificate. • A letter from an officer of the court stating that the deceased died intestate, there is no estate to be probated or the estate need not be probated, and names the person who has the rights of ownership to the vehicle. If the officer of the court is from out-of-state, additional proof is required that the authority is a member of the Bar or a Court Official. • Original title properly assigned with Release of Liens section completed by the lienholder, if applicable. INTESTATE – PROBATE • A letter from the Probate Judge naming the Administrator of the estate. • Original title properly assigned with the Release of Liens section completed by the lienholder, if applicable, and Section 1 completed by the Administrator and other owner(s), if they exist, assigning the vehicle to the new owner(s). WILL - NO PROBATE • A copy of the Death Certificate. • A letter from the officer of the court stating the deceased died leaving a will that was not probated and naming the person with rights of ownership to the vehicle. If the officer of the court is from out-of-state, additional proof is required that the authority is a member of the Bar or a Court Official. • Original title properly assigned, with Release of Liens section completed by the lienholder, if applicable. WILL – PROBATE • A letter from Probate Court showing proof of appointment of Executor of the will. • Original title properly assigned with Release of Liens section completed by the lienholder, if applicable, and Section 1 completed by the Executor and other owner(s), if they exist, assigning the vehicle to the new owner(s). VT-021 05/2018 MTC Re-Registering the Vehicle/Vessel, Snowmobile or All-Terrain Vehicle 1. The deceased person's name may be removed from the registration and title any time during the registration year, if specifically requested by a titled and registered owner. Names on the registration and title must be the same; any changes to the names on the registration and/or title must be submitted at the same time. 2. If the new owner(s) are not currently registered owner(s), or if the registration has expired, the vehicle must be re- registered. C ompleted Vermont Registration, Tax and Title Application (VD-119) or Vermont Snowmobile Registration Application ( VD-0 38) or Vermont Motorboat Registration Application (VD-0 37) must be submitted along with the appropriate fees. 3. If vehicle is being registered by surviving spouse see “SURVIVING SPOUSE EXCEPTION” below. ~ SURVIVING SPOUSE EXCEPTION ~ 23 V.S.A. § 2023 and §3816. Transfer of interest in Vehicle, vessel, snowmobile or all-terrain vehicle. 1. This exception applies to a maximum of two vehicles (no limit on vessel, snowmobile or all-terrain vehicles). If there is a third (or subsequent) vehicle involved, the new owner will be required to pay the full fees for the title and registration, and payment of Purchase and Use Tax may apply. 2. This exception doesn't apply if the motor vehicle is titled in the name of one or more persons other than the deceased and the surviving spouse. The surviving spouse may have the vehicle registration/title transferred to his/her name if: • the deceased spouse died intestate, or • the person's will or other testamentary document does not specifically address disposition of motor vehicles. 23 V.S.A. §2023 - no fees are due for a maximum of two vehicles. 23 V.S.A. §3816 - no fees are due for an unlimited number of vessels, snowmobiles, or all-terrain vehicles. Surviving spouse statement (below) must be completed in order to qualify for transfer at no fee. Surviving Spouse Statement I, hereby certify that died Name of surviving spouse Name of deceased  without leaving a will, or  leaving a will that does not dispose of the vehicle to any person other than the survivor. I further certify that I was the legal spouse to the above named person at the time of his/her death. I understand that this declaration is made under the penalties of 23 V.S.A. § 202, §203 and § 3829(a) 4. Signature Date Surviving Spouse Statement is only required if the vehicle is being registered under above referenced “exception”