Vermont Probate Form 700-00047

Notice Of Rights Of Surving Spouse

Everything you need to know about Vermont Form 700-00047, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related VT probate forms.

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About Notice Of Rights Of Surving Spouse

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.

Notice Of Rights Of Surving Spouse 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 Notice Of Rights Of Surving Spouse

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Notice Of Rights Of Surving Spouse:

  • This form pertains to the State of Vermont

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 700-00047 - Notice Of Rights Of Surving Spouse up to date, certain details can change from time-to-time with little or no communication.

How to file Form 700-00047

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 700-00047, 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 700-00047 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 700-00047 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 Notice Of Rights Of Surving Spouse 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?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Notice Of Rights Of Surving Spouse is due

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 700-00047 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 700-00047, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 700-00047 Online

Notice Of Rights Of Surving Spouse 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 700-00047 - Notice Of Rights Of Surving Spouse 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.

Notice Of Rights Of Surving Spouse 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.

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Did you know?

  • Form 700-00047 - Notice Of Rights Of Surving Spouse is a probate form in Vermont.

  • Vermont has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Vermont.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Vermont, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Notice Of Rights Of Surving Spouse

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding

The Exact Text on Form 700-00047

Here’s the text, verbatim, that is found on Vermont Form 700-00047 - Notice Of Rights Of Surving Spouse. You can use this to get an idea of the context of the form and what type of information is needed.

700-00047 – Notice of Rights of Surviving Spouse (06/2020) Page 1 of 1 Vermont Superior Court Docket Number: NOTICE OF RIGHTS OF SURVIVING SPOUSE This is notice to a surviving spouse of rights that you may have following the death of your spouse. Some of these rights must be exercised within certain time limits. Four Month Time Window to Elect Against a Decedent's Last Will If the deceased spouse made a Last Will, unless a surviving spouse has waived the right to elect again the deceased spouse's Last Will during the decedent's lifetime, a surviving spouse may reject the provision made for the surviving spouse in the decedent's Will and take instead a ½ share of the decedent's estate. If a surviving spouse has a legal guardian, agent, or attorney-in-fact, the individual who is performing this role may be able to take this action on behalf of the su1viving spouse pursuant to 14 V.S.A. §319(6) and (c). Unless otherwise ordered by the court, a surviving spouse shall file with the court a written election to waive the provisions of a decedent's will within four months of the later of the following dates: (A)the date of service of the notice of rights of surviving spouse; or (B)the date of service of the inventory. U pon the filing of any subsequent or amended inventory or any accounting that reports previously undisclosed property owned by the decedent as of the date of death, the surviving spouse shall have 30 days from the date of service of the filing to elect against the newly reported property, unless otherwise ordered by the court. Surviving Spouse's Interest in Homestead Regardless. of whether the decedent made a Last Will, if a decedent dies leaving a surviving spouse, his or her homestead (up to $125,000) in value shall pass to the surviving spouse pursuant to 27 V.S.A. §105. Surviving Spouse's Right to Request Support During Estate Administration The Probate Court may make reasonable allowance for the necessary expenses of support and maintenance of the surviving spouse and minor children or either, constituting the family of a decedent, out of the personal estate or the income of real or personal estate from date of death until settlement of the estate, but for no longer a period than until their shares in the estate are assigned to them or, in case of an insolvent estate, for not more than eight months after administration is granted. This allowance may take priority, in the discretion_ of the court, over debts of the estate. See 14 V.S.A. §316. This notice does not detail all the conditions under which elections and rights exist. Nor is it intended to encourage you to exercise any elections or rights you may have. You are encouraged to obtain advice from a lawyer regarding any of the elections or rights mentioned above.

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