Settle a small estate in Vermont without probate
In Vermont this is called: Small estate (summary administration of small estates). Vermont has no small estate affidavit that heirs give directly to banks. If the estate is worth $45,000 or less and has no real estate except a timeshare, you open a simplified case in the Probate Division; the court appoints a fiduciary, usually without a hearing, who pays the debts and distributes what is left.
Up to $45,000, filed with a court.
Checked against official sources: October 30, 2026.
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Free tools
Small estate checker
Add up the estate and compare it with the Vermont limit for the date of death.
Balance request letter
Ask a bank or holder for the balance on the date of death.
What-to-gather checklist
Papers, steps, forms and fees for Vermont, by procedure.
Car, bank, house in Vermont
Car or other vehicle
If the title shows survivorship (spouses as tenants by the entirety, or joint tenants), the survivor needs a copy of the death certificate.
Bank accounts
Accounts payable or transferable on death, and accounts with a surviving joint owner, pass outside the estate. The Vermont Judiciary says you need to open an estate only if there are assets in the sole name of the person who died; a sole-name account is collected by the fiduciary of the small estate.
House or land
Vermont's Enhanced Life Estate Deed Act lets an owner keep the property during life and name who gets it at death, without probate.
Related pages
Small estate proceeding (14 V.S.A. 1901-1903; V.R.P.P. 80.3)
A short probate case. You file a petition with an inventory, a debts affidavit and a bond without surety. If no one objects within 14 days, the court approves the fiduciary and any will without a hearing.
- Limit
Up to $45,000
The estate's fair market value cannot be more than $45,000, and it must be all personal property, except that it may include a timeshare. If it later turns out the estate was worth more, the fiduciary must ask the court to switch to a regular estate.
- What counts
The fair market value of the person's estate, which must consist entirely of personal property (a timeshare is allowed).
- Waiting period
The law sets no waiting period after the death. An interested person who did not consent in writing gets notice and has 14 days to object.
- Who can use it
The person asking to be appointed fiduciary (executor or administrator) files the petition. Interested persons who do not consent in writing must be notified.
- Court or where to file
Probate Division of the Vermont Superior Court (in the county where the person lived).
- Notary
The debts affidavit is sworn; the fiduciary's final statement of payments is sworn.
- Papers to attach
- Petition to Open Small Estate
- List of interested persons
- Original death certificate
- Inventory of the estate
- Affidavit of Paid & Outstanding Funeral Expenses and Debts for Small Estate
- Small Estate Administration Bond without surety, equal to the estate's value
- The will, if any
- Filing fee or a request to waive it
- Steps
- Fill in the petition, inventory, debts affidavit and bond and file them with the Probate Division with the death certificate, will and fee.
- Interested persons who did not consent get notice and 14 days to object; if none object, the court approves the fiduciary without a hearing.
- The court issues letters of administration, good for one year.
- Within 60 days after the letters, confirm or correct the inventory.
- Pay the funeral costs, debts and the person's final-year income taxes, then distribute the rest under the will or the inheritance law.
- File a Report of Fiduciary of Small Estate and receipts; the court may discharge the fiduciary without a full accounting.
- Fee
The filing fee depends on the estate's value: $50 for an estate of $10,000 or less, $110 for $10,001 to $50,000.
- If you can't pay
You can ask the court to waive the filing fee with the Application to Waive Filing Fees and Service Costs.
- Debts and responsibility
After discharge, distributed property stays subject to claims proven later. Each person who received property must contribute proportionally toward such claims, up to the amount they received. The fiduciary is not liable to distributees for losses when they must repay creditors.
Law: 14 V.S.A. 1901, 1902, 1903; V.R.P.P. 80.3; V.R.P.P. 32 V.S.A. 1434(a)
Source: Official page
Affidavit procedure for small estates (V.R.P.P. 80.3(g))
Instead of a small estate petition, an interested person files a sworn affidavit with the Probate Division. If the court is satisfied with the facts, it can order the assets distributed under the will or the inheritance law, without appointing a fiduciary.
- Waiting period
The rule sets no waiting period.
- Who can use it
An interested person. Every other interested person must be given notice or must consent.
- Court or where to file
Probate Division of the Vermont Superior Court.
- Notary
It is an affidavit, so it is signed under oath.
- Papers to attach
- Death certificate
- The will, if any
- The facts the small estate rule requires about the estate's assets and the funeral expenses and debts
- Statement that notice was given to, or consent obtained from, the other interested persons
- Steps
- Check that the estate consists only of assets that can pass under the will or the inheritance law.
- Give notice to, or get consent from, the other interested persons.
- File the affidavit with the death certificate, any will and the $50 fee with the Probate Division.
- If the court is satisfied, it orders the assets distributed.
- Fee
$50 entry fee.
- If you can't pay
You can ask the court to waive the filing fee with the Application to Waive Filing Fees and Service Costs.
Law: Vermont Rules of Probate Procedure 80.3(g) (amended effective Jan. 1, 2026, made permanent Aug. 2026); Vermont Rules of Probate Procedure 32 V.S.A. 1434(a)(30)
Source: Official page
What counts toward the limit in Vermont
Add up the fair market value of the person's estate. It must be all personal property; if the person owned real estate other than a timeshare, the small estate procedure cannot be used.
Law: 14 V.S.A. 1901
| Kind of property | How it is treated | Details |
|---|---|---|
Bank accounts in the person's name alone | Counts | Bank accounts in the person's name alone count. Law: 14 V.S.A. 1901(a) |
Joint or payable-on-death (POD) bank accounts | Not clear | The small estate law does not say how joint or payable-on-death accounts are treated; ask the Probate Division. Law: 14 V.S.A. 1901 |
Cars and other vehicles | Counts | Vehicles are personal property and count. A surviving spouse can often retitle up to two vehicles at the DMV without opening an estate. Law: 14 V.S.A. 1901(a); 23 V.S.A. 2023 |
Boats and mobile or manufactured homes | Counts | Boats and other personal property count. Law: 14 V.S.A. 1901(a) |
Real estate in Vermont | Left out | Real estate is not added to the total, but if the person owned real estate other than a timeshare, the small estate procedure cannot be used. A timeshare can be included and counts. Law: 14 V.S.A. 1901(a) |
Main home (primary residence) | Left out | The home is real estate. If the person owned it, the small estate procedure cannot be used. Law: 14 V.S.A. 1901(a) |
Real estate in another state | Not clear | The law does not say whether real estate in another state prevents a small estate; ask the Probate Division. Law: 14 V.S.A. 1901 |
Unpaid wages owed to the person | Counts | Money owed to the person, such as unpaid wages, counts. Law: 14 V.S.A. 1901(a) |
Military pay owed to the person | Not clear | The law does not address military pay separately; ask the Probate Division. Law: 14 V.S.A. 1901 |
Life insurance or retirement money paid to a named person | Not clear | The law does not address benefits paid to a named beneficiary; the court page says an estate is needed only for assets in the person's sole name. Law: 14 V.S.A. 1901 |
Life insurance or retirement money paid to the estate | Counts | Insurance or retirement money payable to the estate counts. Law: 14 V.S.A. 1901(a) |
Property in a living trust | Not clear | The law does not address trust property; ask the Probate Division. Law: 14 V.S.A. 1901 |
Property owned jointly with right of survivorship | Not clear | The law does not address jointly owned property; ask the Probate Division. Law: 14 V.S.A. 1901 |
Property going to a surviving spouse | Counts | Property going to the spouse under the will or inheritance law counts. Law: 14 V.S.A. 1901(a) |
Stocks, bonds and brokerage accounts | Counts | Stocks and bonds in the person's name count. Law: 14 V.S.A. 1901(a) |
Furniture, jewelry and other belongings | Counts | Furniture, jewelry and other belongings count. Law: 14 V.S.A. 1901(a) |
Source: Official page
Car or vehicle title after a death in Vermont
If the title shows survivorship (spouses as tenants by the entirety, or joint tenants), the survivor needs a copy of the death certificate. If the title names a transfer-on-death (TOD) beneficiary, the beneficiary needs the death certificate and the title. If the vehicle was titled to the person alone and there is no probate, the DMV needs the death certificate, the title properly assigned, and a letter from an officer of the court (an attorney or court official such as a court clerk or probate judge) stating that the person died without a will or with an unprobated will, that the estate need not be probated, and who has the right to the vehicle. A surviving spouse can transfer up to two vehicles with no fees if there is no will or the will does not address vehicles, using the Registration, Tax and Title Application and the surviving spouse statement.
Law: 23 V.S.A. 2023, 3816; DMV forms VT-021, VT-007
- Agency
- Vermont Department of Motor Vehicles (DMV)
- Fee
No fees for a surviving spouse for up to two vehicles under 23 V.S.A. 2023; otherwise title, registration and purchase and use tax may apply.
- Transfer-on-death title
A single owner can name a transfer-on-death transferee on the title with form VT-007. At the owner's death the transferee becomes the owner, subject to any lien; registration, tax and title fees apply to the transfer.
Source: Official page
Bank accounts after a death in Vermont
Accounts payable or transferable on death, and accounts with a surviving joint owner, pass outside the estate. The Vermont Judiciary says you need to open an estate only if there are assets in the sole name of the person who died; a sole-name account is collected by the fiduciary of the small estate.
Source: Official page
Transfer-on-death (TOD) and payable-on-death (POD) in Vermont
- Real estate (TOD deed)
Yes · Enhanced life estate deed (ELE deed)
Vermont's Enhanced Life Estate Deed Act lets an owner keep the property during life and name who gets it at death, without probate. The deed must be executed and recorded as the Act requires, and the owner may revoke or change it.
Law: 27 V.S.A. 651-660
- Vehicle title (TOD)
Yes
Law: Vermont DMV form VT-007
Source: Official page
Surviving spouse in Vermont
With no will, a surviving spouse inherits everything if all the person's descendants are also the spouse's (or there are none), and half if some descendants are not the spouse's. A surviving spouse can transfer up to two vehicles at the DMV with no fees, and the court says an estate may not be needed if a vehicle is the only asset and there is a spouse.
Debts of the person in Vermont
The fiduciary pays all known or reasonably ascertainable creditors, including the person's final-year income taxes, before distributing; if the estate cannot pay everyone, the fiduciary asks the court for an order of dividend. After discharge, people who received property must contribute proportionally toward later-proven claims, up to what they received.
Medicaid estate recovery in Vermont
Vermont does not recover Medicaid costs from a homestead that passes to lineal heirs or siblings whose income is below 300 percent of the federal poverty level, or who contributed significantly (with money or care) so the person could delay or avoid nursing home placement.
Law: 33 V.S.A. 1906a
- Agency
- Department of Vermont Health Access (DVHA), Medicaid estate recovery
- Official page
- Official page
Who inherits with no will in Vermont
If there is no will, after debts, funeral costs, allowances and expenses: the spouse gets everything if there are no descendants or all descendants are also the spouse's; if some descendants are not the spouse's, the spouse gets half. The rest goes to descendants; if none, to parents, then brothers and sisters and their descendants, then grandparents and their families.
Law: 14 V.S.A. 311, 314
Source: Official page
Death certificates in Vermont
Copies can be obtained from the state office or any city or town using the state's vital records system; a copy of valid ID and an application are required. A certified copy from the state office costs $10. Recorded fee line: (802) 863-7275.
- Where to get it
- Vermont Department of Health, Vital Records Section, or any city or town clerk using the state's vital records system
- Official page
- Official page
Where to file in Vermont
File the small estate petition and papers with the Probate Division of the Vermont Superior Court in the county where the person lived. Vehicle transfers go to the Vermont DMV.
Good to know in Vermont
- Vermont's small estate is a court case: estates up to $45,000 with no real estate except a timeshare can be opened with a bond without surety, and approved without a hearing if no one objects within 14 days. A court rule also allows a $50 affidavit filed with the Probate Division.
- A surviving spouse can retitle up to two of the person's vehicles at the DMV with no fees.
- Vermont recognizes enhanced life estate deeds that pass real estate at death without probate.
Changes in 2024–2026
The Vermont Supreme Court amended the small estate affidavit procedure in Rule 80.3(g) of the Rules of Probate Procedure to correct cross references, effective January 1, 2026 (made permanent in August 2026). 14 V.S.A. 1901-1903 were not changed.
National rules that apply in every state
Federal estate tax
- For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
- Most estates owe no federal estate tax and do not need to file a federal estate tax return.
Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)
The final income tax return
- Report all income up to the date of death and claim all eligible credits and deductions.
- Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
- To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).
Law: Form 1310 instructions (Rev. December 2025)
Social Security
- Social Security retirement benefits are paid through the month before the month the person died.
- If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.
Law: 42 U.S.C. 402(a), 402(i)
Savings bonds
- If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.
Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)
Debts
- Debts are generally paid from the money and property the person left (the estate).
- If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
- You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.
Law: 12 CFR 1006.6(a)(4)
A house with a mortgage
- For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
- Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
- Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/
Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31
FDIC insurance on bank accounts
- After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.
Law: 12 CFR 330.3(j)
Medicaid estate recovery
- States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
- The 'estate' includes at least the property in the person's probate estate under state law.
- Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html
Law: 42 U.S.C. 1396p(b)
Death certificates
- Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.
Free help in Vermont
A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.
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Questions about small estates in Vermont
What is a small estate affidavit called in Vermont?
In Vermont this is called: Small estate (summary administration of small estates). Vermont has no small estate affidavit that heirs give directly to banks. If the estate is worth $45,000 or less and has no real estate except a timeshare, you open a simplified case in the Probate Division; the court appoints a fiduciary, usually without a hearing, who pays the debts and distributes what is left.
What is the small estate limit in Vermont?
Up to $45,000, filed with a court.
How long do I wait in Vermont?
The law sets no waiting period after the death. An interested person who did not consent in writing gets notice and has 14 days to object.
Do I have to go to court in Vermont?
Probate Division of the Vermont Superior Court (in the county where the person lived).
How do I transfer a car after a death in Vermont?
If the title shows survivorship (spouses as tenants by the entirety, or joint tenants), the survivor needs a copy of the death certificate. If the title names a transfer-on-death (TOD) beneficiary, the beneficiary needs the death certificate and the title.
What happens to a bank account after a death in Vermont?
Accounts payable or transferable on death, and accounts with a surviving joint owner, pass outside the estate. The Vermont Judiciary says you need to open an estate only if there are assets in the sole name of the person who died; a sole-name account is collected by the fiduciary of the small estate.
Who inherits in Vermont if there is no will?
If there is no will, after debts, funeral costs, allowances and expenses: the spouse gets everything if there are no descendants or all descendants are also the spouse's; if some descendants are not the spouse's, the spouse gets half.
Do I owe the person's debts in Vermont?
The fiduciary pays all known or reasonably ascertainable creditors, including the person's final-year income taxes, before distributing; if the estate cannot pay everyone, the fiduciary asks the court for an order of dividend.
- 14 V.S.A. chapter 81 (small estates)
- 14 V.S.A. chapter 42 (intestacy)
- 27 V.S.A. chapter 6 (Enhanced Life Estate Deeds)
- 33 V.S.A. 1906a
- Vermont Judiciary: Estates and Wills
- Vermont Judiciary: Court Fees
- Vermont DMV: Death of Owner
- Vermont DMV VT-007 Transfer on Death
- Vermont Legislature: Acts affecting VSA sections 2023-2026
- CDC NCHS Where to Write: Vermont
- Vermont Supreme Court: Emergency amendment to V.R.P.P. 80.3(g) (Oct. 6, 2025)
- Vermont Supreme Court: Order making 80.3(g) amendment permanent (Aug. 2026)
- 32 V.S.A. 1434 (probate entry fees)