Laws
- Days after Death – No statute. Vermont state law does not specify a period that must pass before a small estate affidavit can be filed.
- Filing Fee – $50-$110.[1]
- Maximum Amount ($) – $45,000. A small estate does not exceed a fair market value of $45,000.[2]
- Signing Requirements – The form must be signed in the presence of a notary public.
- Statute – Title 14, Chapter 81 (Small Estates)
How to File (5 steps)
1. Gather Information
Along with your affidavit, you must submit a list of successors, an original death certificate, an inventory of the estate (excluding real estate), an itemized list of paid and outstanding funeral expenses and other debts, and a will, if there is one. The process for gathering documentation is codified by the Vermont state law.
2. Prepare Affidavit
Download the Petition to Open Small Estate and fill it out.
3. Prepare Additional Documents
List funeral expenses and debts on Form 700-00001: Affidavit of Paid and Outstanding Funeral Expenses and Debts for a Small Estate. List your inventory of the estate’s assets (excluding real estate) on Form 700-00402: Inventory.
4. Sign and Notarize
Sign the Petition to Open Small Estate, Affidavit of Paid and Outstanding Funeral Expenses and Debts for a Small Estate, and Inventory forms in the presence of a notary public.
5. File with the Probate Court
The Petition to Open a Small Estate must be filed with a local probate court. The fee for filing a small estate affidavit, per 32 V.S.A. § 1434(a)(30), is $50-$110. You can find a list of fees here.