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.
Checked against official sources: October 30, 2026.
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
Do bank accounts count toward the small estate limit?
| 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 |
FDIC insurance after a death
After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured. After six months, coverage is based on who actually owns the money.
Law: 12 CFR 330.3(j)
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
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.
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.
Letters to a bank
Use the free tools below to ask a bank for the balance on the date of death or to present a signed small estate affidavit.
Related pages
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.