Vermont Small Estate Affidavit
Vermont does not use a bank affidavit for small estates. Under 14 V.S.A. Section 1901 an estate worth $45,000 or less that is entirely personal property is settled by a petition to open a small estate in the Probate Division. Attorney review available.
Introduction
A small estate affidavit is a sworn statement that lets the person entitled to a decedent's property collect it without a full probate case, when the estate is small enough to qualify. Vermont handles this differently from most states: it does not use an affidavit presented to a bank. Under 14 V.S.A. Section 1901, a small estate is commenced by filing a petition to open a probate estate in the Probate Division of the Superior Court, and the court appoints a fiduciary and issues letters of administration under 14 V.S.A. Section 1902. The small estate route is available only when the decedent's estate has a fair market value of not more than $45,000 and consists entirely of personal property, though it may include a qualifying time-share estate. Any other real estate disqualifies the estate from this streamlined process, regardless of value. Vermont sets no fixed number of days to wait after the death; instead, an interested party who does not consent in writing is given notice and has 14 days to file objections. If the estate is later found to be worth more than $45,000, the fiduciary must ask the court to convert it to full administration. DocDraft builds your Vermont small estate petition papers from your facts, with attorney review available before you file.
Key Things to Know
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A small estate affidavit is a sworn statement used to collect a decedent's property without full probate, but in Vermont the small estate process is a court petition filed with the Probate Division, not an affidavit handed to a bank.
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The small estate route is available only when the decedent's estate has a fair market value of not more than $45,000 (14 V.S.A. Section 1901).
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The estate must consist entirely of personal property, although it may include a qualifying time-share estate; any other real estate disqualifies the small estate process regardless of value (14 V.S.A. Section 1901).
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Vermont sets no fixed waiting period in days after the death; instead the estate is opened by petition and a non-consenting interested party has 14 days after notice to object (14 V.S.A. Section 1901).
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The proceeding is commenced by filing a petition to open a probate estate, a list of interested persons, the death certificate, an inventory, an affidavit of funeral expenses and debts, a bond without surety in the amount of the fair market value of the estate, and the will if there is one (14 V.S.A. Section 1901).
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The court appoints a fiduciary and issues letters of administration, which the fiduciary uses to collect and distribute the estate (14 V.S.A. Section 1902).
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If it is later determined that the estate was worth more than $45,000, the fiduciary must petition the court to convert the case to a full administration (14 V.S.A. Section 1901).
Key decisions before you file
Before you file a Small Estate Affidavit in Vermont, a few decisions shape the document: which option to choose and what each one means. The Small Estate Affidavit guide walks through them.
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Vermont Requirements for Small Estate Affidavit
Vermont settles a small estate by filing a petition to open a probate estate in the Probate Division of the Superior Court, not by presenting an affidavit to a bank (14 V.S.A. Section 1901). The court appoints a fiduciary and issues letters of administration under Section 1902.
The small estate route is available only when the decedent's estate has a fair market value of not more than $45,000 (14 V.S.A. Section 1901). If the estate is later found to exceed $45,000, the fiduciary must convert to full administration.
The estate must consist entirely of personal property, although it may include a qualifying time-share estate as defined by 32 V.S.A. Section 3619(a). Any other real estate disqualifies the small estate process regardless of value (14 V.S.A. Section 1901).
Vermont sets no fixed number of days to wait after the death before opening a small estate. A non-consenting interested party is given notice and may file objections with the court within 14 days after receiving the notice (14 V.S.A. Section 1901).
The proceeding is commenced by filing a petition to open a probate estate, a list of interested persons, the death certificate, an inventory, an affidavit of funeral expenses and debts, a bond without surety in the amount of the fair market value of the estate, and the will if any (14 V.S.A. Section 1901).
The petitioner files a bond without surety in the amount of the fair market value of the estate as part of opening the small estate (14 V.S.A. Section 1901).
After the petition is filed and any objection period passes, the court appoints a fiduciary and issues letters of administration under 14 V.S.A. Section 1902, which the fiduciary uses to collect, pay, and distribute the estate.
If it is determined after opening that the estate was worth more than $45,000 at the time of death, the fiduciary must petition the court to administer the estate under the rules for larger estates, and the court grants the petition if the value is confirmed and fees are paid (14 V.S.A. Section 1901).
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In most states it is a sworn statement presented to a bank to collect a decedent's property without probate, but Vermont works differently. Under 14 V.S.A. Section 1901 a small estate is opened by filing a petition with the Probate Division of the Superior Court when the estate is worth $45,000 or less and consists entirely of personal property. The court appoints a fiduciary and issues letters of administration under Section 1902, and the fiduciary collects and distributes the estate. So in Vermont the small estate document is a court petition, not a bank affidavit.
Both go through the Probate Division in Vermont, but the small estate process is a lighter version of probate. Under 14 V.S.A. Section 1901 an estate of $45,000 or less that is entirely personal property can be opened on a single petition, with a bond without surety and a 14-day window for interested persons to object, rather than the fuller administration required for larger estates. Full probate applies when the estate exceeds $45,000 or includes real estate other than a qualifying time-share.
The decedent's estate must have a fair market value of not more than $45,000 and consist entirely of personal property (14 V.S.A. Section 1901). A qualifying time-share estate may be included, but any other real estate disqualifies the estate from the small estate process regardless of value. If the estate is later found to have been worth more than $45,000, the fiduciary must convert the case to full administration in Vermont.
Vermont does not set a fixed number of days to wait after the death before opening a small estate (14 V.S.A. Section 1901). Instead the estate is commenced by petition, and an interested party who does not consent in writing is given notice of the petition and the pending fiduciary appointment and may file objections with the court within 14 days after receiving that notice. If no objections are filed, the appointment and any will can be approved without a hearing.
No, with one narrow exception. The Vermont small estate process under 14 V.S.A. Section 1901 requires that the estate consist entirely of personal property, though it may include a qualifying time-share estate as defined by 32 V.S.A. Section 3619(a). If the decedent owned any other real estate, the estate does not qualify for the small estate route regardless of its value and must be administered as a regular probate estate in Vermont.
Under 14 V.S.A. Section 1901 the proceeding is commenced by filing a petition to open a probate estate, a list of interested persons, the death certificate, an inventory of the estate, an affidavit detailing paid and outstanding funeral expenses and other known debts, a bond without surety in the amount of the fair market value of the estate, and the decedent's will if there is one. The filing goes to the Probate Division of the Superior Court, not to a bank.
After the petition is filed, the court appoints a fiduciary and issues letters of administration under 14 V.S.A. Section 1902. The fiduciary, not the individual heirs directly, uses those letters to collect the decedent's personal property, pay valid debts and funeral expenses, and distribute what remains to the people entitled to it. Because a fiduciary is appointed and bonded, the Vermont small estate process gives the same authority as a probate appointment in a simpler form.
If, after the estate is opened, it is determined that the value at the time of death exceeded $45,000, the fiduciary must petition the court to have the estate administered under the laws and rules for larger estates (14 V.S.A. Section 1901). The court grants the petition if it finds the value is above $45,000 and the applicable fees are paid. That is why an accurate inventory matters at the start of a Vermont small estate.