Vermont probate code · checked October 2026
For money and belongings, Vermont's affidavit limit is $45,000 — applied to the estate after the assets that pass automatically are taken out. Vermont's small-estate proceeding requires an estate consisting ENTIRELY of personal property — the only real-property exception is a time-share estate, which may be included. Vermont sets no waiting period for its affidavit.
The affidavit limit today: $45,000, judged by the law in force on the date of death.
The paper: Petition to Open Small Estate, Form 700-00001SM (Vermont Judiciary), with List of Interested Persons, inventory, affidavit of funeral expenses/debts (Form 700-00402) and bond without surety.
How it moves: filed with the court — a court paper, not an envelope.
The wait: no statutory waiting period.
For a surviving spouse: No different spousal cap; a spouse takes under the will or intestacy within the same $45,000 small-estate proceeding (a separate waiver-of-administration route exists for certain sole-beneficiary estates of any size, but it has no dollar cap and is not the small-estate track).
| Track | Limit | How it works |
|---|---|---|
| Small-estate affidavit | $45,000 | Filed with the court. Form: Petition to Open Small Estate, Form 700-00001SM (Vermont Judiciary), with List of Interested Persons, inventory, affidavit of funeral expenses/debts (Form 700-00402) and bond without surety. |
A vehicle is personal property counted toward the $45,000 fair-market-value cap; there is no vehicle exclusion.
No solvency test in 1901; the filing must include an affidavit of paid and outstanding funeral expenses and other known or reasonably ascertainable debts, which the fiduciary must settle before distribution.
Rules checked October 2026 · Sources: 14 V.S.A. 1901; 14 V.S.A. 1902; 14 V.S.A. 1903. This page reads the published law; it is not legal advice, and the court is the final word.