Illustration of a Vermont farmhouse kitchen table where a family sits down to decide what to do with a house

By Tony Walton, Principal Broker. Updated October 2026.

Quick Answer

If someone you love has died and left a house in Vermont, you don't have to figure it all out this week. Protect the house, call a probate attorney, and let the process unfold in order. In most cases the house can't be sold until the probate court appoints someone to handle the estate, and an attorney is the best person to guide you through that.

Having a Will Doesn't Mean You Skip Probate

Many families assume that because there's a will, the house can simply pass to the family. A will tells the probate court who should receive what, but it doesn't transfer the house by itself. What decides whether the house goes through probate is the deed. If the house was in your loved one's name alone, it almost always does, even with a clear, simple will.

I learned this one personally. When my father died, we assumed his will meant the house could pass without probate. It couldn't: he had never added my stepmother to the deed.

Key Takeaways

In Two Sentences

An inherited house is usually sold by the person the court puts in charge of the estate, after the court gives permission. Your job in the early weeks is to keep the house safe, gather the paperwork, and get good advice.

If You Only Remember 3 Things

  1. Call a probate attorney before you sign, sell, or give away anything.
  2. Keep the house heated, insured and checked on, especially in winter.
  3. Write down what the house was worth around the date of death. It can matter at tax time.

Quick Facts

  • Where probate happens: the Probate Division of the Vermont Superior Court, in the county where your loved one lived.
  • Who sells the house: the person the court appoints (the executor if there's a will, the administrator if there isn't).
  • The original will: whoever has it must deliver it to the probate court, or to the executor named in it, within 30 days of learning of the death.
  • Free help from the court: the Access and Resource Center, 802-879-1185.
  • Vermont estate tax: applies only to estates over $5 million, so most families won't owe it.

Step 1: In the First Days, Protect the House

You don't need to make big decisions yet. You do need to keep the house safe.

  • Keep the heat on and the fuel coming. A cold, empty Vermont house can freeze its pipes in days.
  • Call the homeowner's insurance company. Tell them the owner has died and the house may be empty, and ask what they need from you.
  • Lock up, forward the mail, and ask one person to check on the house every week.
  • Hold off on clearing out belongings or giving things away until you've talked with an attorney.

Step 2: Find the Will and the Deed, Then Call a Probate Attorney

Two documents shape everything that follows.

  • The will. Whoever has the original will must deliver it to the probate court, or to the executor named in it, within 30 days of learning of the death. That's Vermont law.
  • The deed. It shows exactly whose name the house is in. If you can't find it, the town clerk's office in the town where the house sits keeps the land records.

Bring both to a Vermont probate attorney. This is the most important call you'll make. Your attorney will:

  • read the will and the deed and tell you whether the house goes through probate at all (some houses pass directly to a co-owner or through a trust)
  • file the paperwork to get someone appointed to handle the estate
  • explain the timeline, the costs, and what each family member can and can't do

If you'd like to understand the basics first, the court's Access and Resource Center (802-879-1185) and its booklet Probating a Vermont Estate are good free starting points.

Step 3: The Court Appoints Someone to Handle the Estate

Until the court appoints an executor or administrator, no one, not even the heirs, can sign a contract to sell the house. Once appointed, that person has 30 days to file a list of what the estate owns.

One more thing that surprises families: Vermont's shortcut for small estates doesn't apply when the person owned a house. If there's a house, plan on the regular probate process.

Step 4: Find Out What the House Was Worth When Your Loved One Died

This step is easy to skip, and families often wish they hadn't. When the heirs eventually sell, the IRS generally looks at what the house was worth on the date of death, not what your parents paid for it decades ago. So if the house sells for about what it was worth then, there's often little or no taxable gain.

That's why it helps to have the value on paper early. I can prepare a free written market analysis based on comparable sales around the date of death. Your attorney or accountant will tell you whether you also need a formal appraisal.

Step 5: Decide Together: Sell, Keep, or Buy Out

Families often rush this decision while emotions are high. Slow down and look at three things:

  • what the house would sell for today
  • what it costs each month to keep (taxes, insurance, heat, upkeep)
  • what each heir actually wants or needs

If one of you wants to keep the house, a current market value gives everyone a fair starting point. You don't need to empty or fix up the house to get a value. Leave it as it is, and we'll walk through it with you.

Step 6: Get the Court's Permission to Sell

In most cases, the executor asks the probate court for permission to sell the house. Your attorney handles this. If the will specifically gives the executor the power to sell, it usually goes faster. You can prepare the house and line up a plan while permission is pending. Ask your attorney when it's safe to sign a listing agreement or accept an offer.

Step 7: Prepare and Sell the House

From here, it works much like any other sale, with a few differences:

  • The executor signs the paperwork, not the heirs.
  • The family may not know the house's full history, and that's okay. Buyers of estate homes expect it.
  • Federal lead-paint disclosure rules still apply to homes built before 1978.

We'll tell you plainly what's worth fixing before you sell and what isn't. Buyers expect an estate house to need some work, and they price that in.

Step 8: Closing and After

At closing, the sale money goes to the estate, not straight to the heirs. Your attorney makes sure bills and taxes are paid and the rest is divided the way the will, or Vermont law, says.

Frequently Asked Questions

We have a will. Do we still need probate?

Usually, yes. A will guides the probate court; it doesn't replace it. Whether the house itself goes through probate depends on how the deed is written, so show both the will and the deed to a probate attorney.

Can we sell the house before probate is finished?

Yes, once the court has appointed someone to handle the estate and given permission to sell. You don't have to wait until everything else is settled.

Will we owe taxes when we sell?

Often very little, if the house sells for about what it was worth when your loved one died. An accountant can tell you for sure.

Does Vermont have an inheritance tax?

No. Vermont has an estate tax, and it only applies to estates over $5 million.

Do we need to clean out the house before we can sell?

Not before you get a value or make a plan. Talk to your attorney before removing belongings, then decide what to clear before listing.

What to Do Next

Start with your attorney. When you're ready to talk about the house, we work alongside your attorney so everyone is on the same page.

This guide is general information, not legal or tax advice. Every estate is different. Work with a Vermont probate attorney and an accountant.

Sources

Tony Walton, Principal Broker, New England Landmark Realty, Waterbury Center, Vermont. 802-233-4107.