How Do I Claim a Small Estate in Vermont?
Vermont's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
The Vermont small-estate procedure
Small Estate Administration: for estates of not more than $45,000 consisting entirely of personal property (time-share estates under 32 V.S.A. § 3619(a) excepted), the estate is commenced by filing a Petition to Open Small Estate (form 700-00001SM) with a list of interested persons, an inventory, an affidavit of paid and outstanding funeral expenses and other known debts, a bond without surety, the will if any, an original death certificate, and the filing fee (14 V.S.A. § 1901(a)). Interested persons who do not consent receive notice and may object within 14 days; absent objection the fiduciary appointment and any will are approved without hearing (§ 1901(b)). Letters of administration issue under §§ 902-903 and are effective for one year (§ 1902); the fiduciary confirms or supplements the inventory within 60 days, pays debts, and closes under V.R.P.P. 80.3 by an affidavit-based filing reporting amounts and recipients of each payment. If the estate turns out to exceed $45,000, the fiduciary must petition to convert to regular administration (§ 1901(c)).
Frequently asked questions
Vermont's small-estate shortcut is a court proceeding — collection is authorized by the court's own act, not by an affidavit presented to the holder of the property.
An estate of $45,000 or less, per 14 V.S.A. §§ 1901-1902.
Small Estate Administration: for estates of not more than $45,000 consisting entirely of personal property (time-share estates under 32 V.S.A. § 3619(a) excepted), the estate is commenced by filing a Petition to Open Small Estate (form 700-00001SM) with a list of interested persons, an inventory, an affidavit of paid and outstanding funeral expenses and other known debts, a bond without surety, the will if any, an original death certificate, and the filing fee (14 V.S.A. § 1901(a)). Interested persons who do not consent receive notice and may object within 14 days; absent objection the fiduciary appointment and any will are approved without hearing (§ 1901(b)). Letters of administration issue under §§ 902-903 and are effective for one year (§ 1902); the fiduciary confirms or supplements the inventory within 60 days, pays debts, and closes under V.R.P.P. 80.3 by an affidavit-based filing reporting amounts and recipients of each payment. If the estate turns out to exceed $45,000, the fiduciary must petition to convert to regular administration (§ 1901(c)).
The small-estate proceeding is available only when the estate consists entirely of personal property; an estate holding any Vermont real property other than a 32 V.S.A. § 3619(a) time-share estate requires regular probate administration.
