Small estate checker for Vermont

Enter the date of death and what the person owned. The page adds what the state counts and compares it with the limit for that date. It does not decide anything.

Worked out in your browser. Nothing you enter here is saved or sent.

The limit is picked from the date of death.

Enter the date of death and the values you know

Leave a box empty if the person had nothing of that kind. We add up only what the state counts.

The limits this checker uses

These come from the state's law as we checked it. The checker picks the row that matches the date of death you enter.

Small estate proceeding (14 V.S.A. 1901-1903; V.R.P.P. 80.3)

Also in Vermont (not tested here)

These procedures have their own rules, so the checker does not test them. See the state page.

  • Affidavit procedure for small estates (V.R.P.P. 80.3(g))

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 propertyHow it is treatedDetails
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

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
  1. Fill in the petition, inventory, debts affidavit and bond and file them with the Probate Division with the death certificate, will and fee.
  2. Interested persons who did not consent get notice and 14 days to object; if none object, the court approves the fiduciary without a hearing.
  3. The court issues letters of administration, good for one year.
  4. Within 60 days after the letters, confirm or correct the inventory.
  5. Pay the funeral costs, debts and the person's final-year income taxes, then distribute the rest under the will or the inheritance law.
  6. 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

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

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.

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.