Vermont Small Estate Affidavit

The surviving spouse, child, or parent of a deceased person is within their rights to file a Vermont Small Estate Affidavit with the judge of probate in an effort to claim the small estate they left behind. The definition of a “small estate” is dependent on state law, with Vermont state law capping what constitutes as a small estate as one that is valued at $10,000 or under. Moreover, it must exclusively include personal property—if real property is involved this Affidavit may not be utilized.

Laws & Required Conditions

Laws: 14 V.S.A. § 1902

Maximum Estate Value: $10,000

Required Conditions: 

  • The Affidavit must be delivered to and subsequently filed with the judge of probate,
  • It may be necessary for the Affiant to await an investigation conducted by the judge into their estate claim,
  • Only upon the court granting the Affiant the right to administer the estate may they begin to do so. The court will make its determination once it is clear that:
    • The Decedent left: a surviving spouse and/or children, or a surviving parent/s but no spouse/child
    • The Decedent has no real estate to their name,
    • The estate’s value does not exceed the maximum estate value permitted by Vermont state law.