Preparing Digital Assets for Vermont Probate

When someone passes away, their online life becomes part of their physical estate. Vermont probate law now requires executors to account for email accounts, social media profiles, and online subscriptions just like they would for a house or bank account. This digital estate inventory is a legal step to ensure nothing is lost, forgotten, or left vulnerable. For families, it's a practical way to close accounts, manage memories, and fulfill a loved one's wishes.

What is a digital estate inventory for Vermont probate?

It's a detailed list of a deceased person's online accounts and digital files that must be submitted to the probate court. Think of it as a final catalog of their digital presence. This inventory includes everything from the obvious like a Facebook account or Gmail inbox to assets that hold monetary value, such as a PayPal balance, an Etsy seller account, or cryptocurrency holdings.

The goal is to give the court and the executor a clear map of what exists online so they can properly manage, transfer, or close each item according to Vermont law and the deceased's will.

Why is this inventory required now?

State laws have evolved to recognize that our digital footprints are valuable and need legal oversight. Vermont’s probate procedures treat certain digital assets as property. Without an inventory, an executor might not have the legal authority to access accounts, and important assets could be overlooked. This process protects the estate and gives the executor the documentation needed to act. For example, to close a recurring subscription or claim funds from an online marketplace, the court needs to know those assets exist first.

What do I actually need to list?

You need to list digital assets that have sentimental, practical, or financial value. Common categories include:

Communication & Social Accounts: Email, social media (Facebook, Instagram, LinkedIn), messaging apps (WhatsApp), and forums.
Financial & Commerce Accounts: Online banking, PayPal, Venmo, eBay seller accounts, Amazon accounts with stored credit.
Subscriptions & Services: Streaming services (Netflix, Spotify), software subscriptions (Microsoft Office), cloud storage (Google Drive, iCloud).
Digital Property: Domains, websites, blogs, and online businesses.
Cryptocurrency & Online Investments: Bitcoin wallets, investment accounts like Robinhood, and other digital currencies.

For assets like cryptocurrency, the process requires specific documentation. You can reference a template for a Vermont cryptocurrency affidavit to understand what details the court needs.

How do I start creating this inventory?

Begin by gathering any records you have. Check the deceased's computer, phone, or paper files for passwords, account lists, or notes. Look for bills or emails that hint at active subscriptions. If there's a will or estate plan, see if it mentions digital accounts.

Your role as executor involves more than just listing items. You'll need to understand the full scope of your duties for a digital estate in Vermont, which includes securing accounts and following court directives.

Next, systematically go through each category. For each account, try to note: - The service or platform name (e.g., "Apple iCloud"). - The username or email associated with it. - The approximate value or purpose (e.g., "family photos storage," "$200 balance"). - Any known passwords or access instructions (though sharing passwords directly in the court filing is not advised).

What mistakes should I avoid?

People often make a few key errors when handling this task.

Assuming Nothing Exists: Even someone who wasn't "tech-savvy" might have an email account, online bills, or a digital photo library. Don't skip the search.
Listing Passwords in the Court Document: The inventory submitted to the court should list assets, not private passwords. Access credentials are handled separately, often through a formal court request process.
Forgetting Small Value Assets: A $15 monthly subscription or a $50 credit in an old eBay account is still an asset. Leaving it out creates an incomplete legal record.
Not Using Official Forms: Vermont probate courts require specific forms for this inventory. Using a homemade list might not be accepted. You'll need to file the inventory along with the proper affidavit and understand the associated filing fees.

How do I formally submit the inventory to the court?

After you compile your list, you must format it according to the court's requirements and submit it as part of the probate process. This usually involves completing a specific form or affidavit for digital assets. You then file it with the probate court in the county where the estate is being processed.

In some cases, especially if there are disputes or high-value digital assets, the court may hold a formal hearing on digital asset probate procedures. Your inventory will be a key document in that hearing.

Remember, this step is legally necessary. The digital estate inventory instructions for Vermont probate provide the direct, step-by-step guidance for this filing.

Where can I find help or official guidelines?

The Vermont Judiciary website provides probate forms and general information. For a deeper look at the laws governing digital assets, you can review Vermont's adoption of the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA). You can read the specific Vermont statute on fiduciary access to digital assets here.

Your practical next steps checklist

If you're an executor facing this task, here's a straightforward path to follow:

Locate any existing lists, passwords, or estate documents that mention online accounts.
Methodically search through the deceased's devices and email for clues about accounts and subscriptions.
Create a preliminary list, categorizing each asset by type (social, financial, subscription, etc.).
Identify which assets have monetary value and which hold only personal data.
Obtain the official Vermont probate court form for digital asset inventory or affidavit.
Transcribe your list onto the official form, providing required details without including private passwords.
File the completed inventory with the probate court, paying any required filing fees for digital asset affidavits.
Use the filed inventory as your authority to then begin the process of closing, transferring, or managing each asset, as directed by the court and the will.