Small Estate Affidavit in Vermont

Vermont does not use an out-of-court collection affidavit. Instead, a small estate (fair market value of $45,000 or less, consisting entirely of personal property, with no real estate other than a time-share) may be opened in the Probate Division by filing a petition, a list of interested persons, the filing fee, an original death certificate, an inventory, an affidavit of paid and outstanding funeral expenses and debts, a bond without surety equal to the estate's value, and the will, if any. Interested persons who do not consent in writing have 14 days after notice to object; if none object, the court approves the fiduciary and any will without a hearing.

Two simplified routes exist. (1) Small estate administration for personal-property-only estates of $45,000 or less: letters last one year, the fiduciary confirms the inventory within 60 days, pays creditors, distributes the balance, files a sworn statement of payments, and may be discharged without a further accounting. (2) Waiver of administration (for estates that are not small estates): if the moving party is the sole beneficiary named as sole executor (or, without a will, the sole heir serving as sole administrator) and the decedent owned no Vermont real estate, the court may waive the inventory and bond and dispense with filings other than a final affidavit of administration, filed 6 months to 1 year after appointment, confirming that all debts and claims are paid and Vermont tax clearance has been received.

Claims arising before death must be presented within four months after the first publication of the notice to creditors. If no notice is published or given, claims must be presented within one year after death. Claims arising at or after death must be presented within four months after they arise (or performance is due). Claims not presented in time are barred against the estate, the fiduciary and the heirs. A disallowed claim is barred unless the creditor files a petition or starts a proceeding within 60 days after notice of disallowance is mailed.