Quick answer: the most common mistake is never recording a new deed into the trust's name for real estate. The most common Vermont-specific mistake is forgetting that the pour-over will's own fee clause can still control for whatever assets end up in probate. See how the numbers change in the Vermont probate vs living trust calculator.
Signing ≠ funding
1. Real estate deed never recorded — the #1 mistake
Moving real estate into a trust requires a new deed, signed and recorded, naming the trust as owner. This is the step most often skipped. Left undone, that property remains a probate asset — subject to the full Probate Division process, regardless of the trust document sitting in a drawer.
2. Forgetting the pour-over will's fee clause — Vermont's own risk
A pour-over will commonly accompanies a living trust, catching any assets accidentally left outside it. In Vermont, that pour-over will is still subject to the same default rule under 14 V.S.A. § 1065: if it sets executor compensation, that provision controls unless renounced. A family that assumes the trust makes the fee question moot for every asset can be surprised when a stray, unfunded asset still triggers this rule.
3. Financial accounts left titled individually
Bank and brokerage accounts don't join a trust automatically. Each one has to be retitled into the trust's name, or the institution needs a copy of the trust document plus a change-of-ownership form. Accounts opened after the trust was created are especially easy to forget.
4. Treating the small estate procedure as a safety net
Vermont's small estate procedure — $45,000 or less, personal property only — is a genuine shortcut for modest, unfunded assets. It's not a backstop for a house or a sizeable account left outside the trust by mistake; those amounts require full administration.
A local probate attorney can review your estate — many offer a free consultation.