Vermont Small Estate Guide

Vermont runs two simplified estate routes, and they are mutually exclusive by their own terms. A small estate under 14 V.S.A. chapter 81 covers an estate worth $45,000.00 or less that holds only personal property. Waiver of administration under chapter 80 ignores value entirely and turns on being the sole heir or sole beneficiary.

Both routes open a real case in the Probate Division of the Superior Court. Vermont also has a separate affidavit procedure created by court rule, V.R.P.P. 80.3(g). This guide covers the tests, the filings, the deadlines and the fees for all three, next to the ordinary Vermont probate process. It is general information, not legal advice. Confirm any deadline with the Probate Division handling your case or a licensed Vermont attorney.

The $45,000.00 Small Estate Under Chapter 81

14 V.S.A. § 1901 is headed "Commencement of small estate", and the verb decides how the route feels. Filing under it opens a probate estate. The Vermont Judiciary titles the starting document Petition to Open Small Estate, form 700-00001SM.

Two tests have to hold at the same time:

• The estate has a fair market value of not more than $45,000.00.
• The estate consists entirely of personal property.

§ 1901(a) writes one exception into the second test. An estate may include a time-share estate as defined by 32 V.S.A. § 3619(a), which defines that as a right to occupy a unit in a time-share project during separated time periods, coupled with a freehold estate or an estate for years. Any other Vermont land ends the conversation, and the deed Vermont uses to move land at death becomes the planning question instead.

What Opens a Small Estate

§ 1901(a) lists eight filings. The Judiciary publishes a statewide form for most of them.

Two more filings appear on the Judiciary's own checklist rather than in the statute: a Notice of Appearance, form 700-00148, and a Certificate of Service, form 600-00264. A proposed fiduciary who does not live in Vermont also files an Appointment of Resident Agent, form 700-00026.

One wording gap is worth a phone call. § 1901(a)(4) asks for an original death certificate. The Judiciary's Estates and Wills checklist asks for a certified copy of the death certificate. Ask the Probate Division which one the clerk wants before you mail anything.

The 14-Day Objection Window

An interested party who does not consent to the small estate proceeding in writing gets notice of the petition and of the pending fiduciary appointment, and may file objections with the court within 14 days after receiving that notice (§ 1901(b)). When nobody objects, the court approves the fiduciary appointment and any will offered for admission without further notice or hearing.

Letters Run for One Year

Where the decedent left a will, the court admits it and issues letters of administration under 14 V.S.A. § 902. Where there is no will, letters issue under § 903, which gives the surviving spouse or next of kin first priority (§ 1902(a)).

Vermont calls the person in charge an executor or administrator. The State has not adopted the Uniform Probate Code, so the term "personal representative" never appears on the forms.

Two clocks start once letters issue. Within 60 days, the fiduciary confirms, corrects or supplements the inventory that went in with the petition, and may do it again later if needed (§ 1902(b)). The letters themselves stay effective for one year after the date of issuance, and the court may extend that duration on the fiduciary's motion for good cause shown (§ 1902(c)). A small estate that drifts past twelve months without an extension has a fiduciary whose authority has lapsed.

Closing a Small Estate

Where the record shows the estate is insolvent, the fiduciary applies to the court for an order of dividend. Where it is solvent, the fiduciary settles with all known or reasonably ascertainable creditors, pays income taxes due for the year of the decedent's death, and pays any remaining balance to the beneficiaries under the will or as otherwise provided by law (§ 1903(a)(1)).

Then comes the closing document. The fiduciary files a sworn statement setting out the amounts and recipients of each payment (§ 1903(a)(2)), which the Judiciary publishes as Report of Fiduciary of Small Estate, form 700-00055. Anyone who received a distribution signs a Receipt, form 700-00153. The court may discharge the fiduciary without further accounting and without notice (§ 1903(b)).

Discharge does not put the money out of reach. § 1903(c) keeps distributed assets subject to claims later established and applies 14 V.S.A. §§ 1202 and 1203 to them. Each distributee carries a duty of proportionate contribution toward claims brought against other distributees, capped at what that person received. The executor or administrator stays clear of liability to distributees for losses they take when they have to reimburse creditors.

The Estate That Outgrows the Route

If the fiduciary later determines that the estate exceeded $45,000.00 at the date of death, § 1901(c) requires a petition asking the court to order administration under the rules for estates above $45,000.00. The court grants that petition on finding both the value and that all applicable fees are paid. Conversion runs one way, so a borderline valuation is worth settling before you file rather than after.

Waiver of Administration Under Chapter 80

14 V.S.A. § 1851 draws the boundary in a single sentence: chapter 80 applies to all estates, testate and intestate, other than small estates administered under chapter 81. The two routes never overlap, and no dollar figure appears anywhere in chapter 80.

Three Sworn Statements Decide It

The motion goes to the Probate Division with the petition to open the estate, or at any time before an accounting is due. It is made under oath and states four things (§ 1852(a)):

1. Testate, the moving party is the sole beneficiary of the estate and has been nominated and proposes to serve as sole executor. Intestate, the moving party is the sole heir and proposes to serve as sole administrator.
2. The moving party is the sole fiduciary of the estate.
3. The decedent owned no real property in the State of Vermont.
4. Administration will finish without supervision by the Probate Division, in accordance with the will and applicable law.

§ 1852(b) turns the first three into findings the court has to make before it grants the motion. The form is Motion to Waive Administration, 700-00413.

Sole heir status is a legal answer rather than a family opinion. Work through who inherits when there is no will before assuming that a surviving spouse or an only child stands alone.

What the Order Removes

A granted motion produces an order that waives the duty to file an inventory, waives or discharges the fiduciary bond, and dispenses with further filing with the court other than the final affidavit of administration (§ 1852(c)).

Measure that against an ordinary Vermont estate. The inventory is due within 60 days after appointment, listed in reasonable detail with fair market value at the date of death and any lien or encumbrance (§ 1051). The bond has to be filed before the court issues letters (§ 906). An account is due within one year of letters and annually after that until the estate is wholly settled (§ 1055). Waiver lifts all three. Everything else in what a Vermont fiduciary still has to do stays in place.

The Six to Twelve Month Window

Administration under chapter 80 finishes when the court approves the affidavit of administration. Unless the court extends the window, that affidavit is filed not less than six months and no more than one year after the date of appointment (§ 1853(a)).

The affidavit states two things, to the best of the fiduciary's knowledge and belief (§ 1853(b)(1)):

• No outstanding expenses of administration, and no unpaid or unsatisfied debts, obligations or claims attributable to the estate.
• No taxes are due to the State of Vermont, and tax clearance has been received from the Department of Taxes.

That second line catches people out. Vermont wants the clearance in hand before the affidavit goes in, so start the request early enough that it does not push you past the one-year deadline.

Miss the deadline and the fiduciary is in default (§ 1853(b)(2)). The court sends notice by first-class mail or another method the Rules of Probate Procedure allow. Fail to file either the affidavit or a request for additional time within 15 days after that notice, and the court may impose sanctions it finds appropriate, including an order that waiver of administration is no longer available.

On submission of the affidavit, the Probate Division may close the estate and discharge the executor or administrator if it determines that §§ 1851 and 1852 have been met (§ 1854). The form is Affidavit of Administration, 700-00401.

Why the Floor Is Six Months

The creditor clock explains it. Claims that arose before death are barred unless presented within four months after the date of first publication of notice to creditors, when notice is given in compliance with the Rules of Probate Procedure (§ 1203(a)(1)). Where notice was never published or otherwise given, the bar is one year after the decedent's death (§ 1203(a)(2)).

Vermont anchors that window on first publication rather than on the date of death or the grant of letters, which is unusual and reshapes the whole calendar. A fiduciary swearing that no debts remain outstanding needs the presentation window closed first. Walk the dates in the Vermont creditor claim window before signing anything.

The Rule 80.3(g) Affidavit Procedure

Vermont does have an affidavit route. It comes from the Vermont Supreme Court rather than the Legislature. The Court promulgated an emergency amendment to V.R.P.P. 80.3(g) on October 6, 2025, effective January 1, 2026.

The rule reads: "In lieu of filing the petition required in (a)(1), when an estate consists solely of one or more assets that may pass in accordance with the terms of the will, if any, or the law of descent and survivor's rights, an interested person, upon paying the entry fee for a small estate, may file an affidavit accompanied by a death certificate and the will, if any, and attesting to the matters set forth in (a)(5) and (6) and that notice has been given to, or consent obtained from, any other interested persons." Where the court finds the attested facts satisfactory, it may order the asset or assets distributed under the will or the laws of descent and survivor's rights.

Three limits belong on the same page as that quote.

The order states no dollar threshold of its own, so the $45,000.00 ceiling in § 1901 does not automatically carry over to it. The Court promulgated the amendment as an emergency measure without notice and comment, then sent it out for comment to the Advisory Committee on the Rules of Probate Procedure, which may recommend revising it or making it permanent. And the fee cross-reference does not line up: 32 V.S.A. § 1434(a)(30) prices "Affidavit procedure for small estates pursuant to Rule 80.3(h) of the Vermont Rules of Probate Procedure" at $50.00, citing paragraph (h), while the Court's order places the procedure at paragraph (g). This page reports that gap rather than papering over it. Ask the Probate Division which paragraph and which fee apply to your filing.

Small Estate and Waiver Side by Side

Vermont Real Estate Closes Both Doors

A single fact rules out both simplified routes at once. The small estate requires an estate consisting entirely of personal property (§ 1901(a)). Waiver requires that the decedent owned no real property in the State of Vermont (§ 1852(a)(3)). An estate holding a house, a camp, land or a share of any of them reaches neither route, no matter how little the rest of the estate is worth.

Two consequences follow. A modest estate with a $30,000.00 bank account and a jointly owned cabin goes through full administration. And planning ahead is what changes the answer, since Vermont land that passes outside probate never enters the test in the first place.

Vermont land records are municipal. The town clerk is the recorder of deeds, and no county registry exists, so a deed search starts at the town office where the property sits.

A Small Estate Pays the Ordinary Filing Fee

32 V.S.A. § 1434(a) sets probate entry fees statewide and bands them by estate value. It carries no small estate line, and 14 V.S.A. § 1901(a)(3) asks only for "the filing fee". A small estate pays the ordinary band price:

• $50.00 for estates of $10,000.00 or less, § 1434(a)(1).
• $110.00 for estates of more than $10,000.00 up to $50,000.00, § 1434(a)(2).

The $45,000.00 ceiling sits inside that second band, so those two prices are the only ones a Vermont small estate can land on.

§ 1434(b) charges no fee for the documents that open an estate, including the issuance of two certificates of appointment and the respective letters. It also lets the court waive part of a filing fee under Rule 3.1 of the Vermont Rules of Civil Procedure when it finds the applicant unable to pay. An additional certification of appointment of a fiduciary costs $5.00 under § 1434(c).

The affidavit procedure is priced at $50.00 by § 1434(a)(30). The rule itself names no amount and refers to "the entry fee for a small estate", which is $110.00 once the estate passes $10,000.00. Confirm the figure with the Probate Division before you send a check for a larger affidavit estate.

Frequently Asked Questions

Does Vermont have a small estate affidavit?

Vermont has an affidavit procedure, and it comes from a court rule rather than the small estate statute. V.R.P.P. Rule 80.3(g) lets an interested person file an affidavit with a death certificate and the will in place of the petition required by Rule 80.3(a)(1). The $45,000.00 route in 14 V.S.A. chapter 81 is a different thing: it opens a real probate estate on a Petition to Open Small Estate, form 700-00001SM.

What is the Vermont small estate limit?

$45,000.00. 14 V.S.A. § 1901(a) applies when a decedent's estate has a fair market value of not more than $45,000.00 and consists entirely of personal property. If the estate turns out to have exceeded $45,000.00 at the date of death, § 1901(c) makes the fiduciary petition the court to move the case to full administration.

Can a Vermont small estate include real estate?

No, with one written exception. 14 V.S.A. § 1901(a) requires an estate that consists entirely of personal property and then allows a time-share estate as defined by 32 V.S.A. § 3619(a). Any other Vermont real property rules out the small estate route, and it rules out waiver of administration too, because 14 V.S.A. § 1852(a)(3) requires that the decedent owned no real property in the State of Vermont.

Who qualifies for waiver of administration in Vermont?

The moving party has to be the sole beneficiary under the will or the sole heir of an intestate decedent, has to be the sole fiduciary of the estate, and the decedent must have owned no real property in Vermont (14 V.S.A. § 1852). Estate value never enters the test. 14 V.S.A. § 1851 applies chapter 80 to every estate other than a chapter 81 small estate.

How long does waiver of administration take in Vermont?

Six months at the earliest. 14 V.S.A. § 1853(a) requires the affidavit of administration to be filed not less than six months and no more than one year after the date of appointment, unless the court extends the window. The affidavit also states that tax clearance has been received from the Vermont Department of Taxes.

Does a Vermont small estate cost less to file?

No. 14 V.S.A. § 1901(a)(3) asks for the filing fee and 32 V.S.A. § 1434(a) carries no small estate line, so a small estate pays the ordinary banded entry fee: $50.00 at $10,000.00 or less, and $110.00 above $10,000.00 up to $50,000.00. The route saves paperwork rather than money.

Related Guides

• Vermont Probate Guide
• Vermont Executor Duties
• Vermont Intestate Succession
• Vermont Creditor Claims
• Vermont Enhanced Life Estate Deed
• Vermont Probate Timeline
• Vermont Probate Court Directory

Sources:

• Title: 14 V.S.A. § 1901 Commencement of small estate. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/081/01901
• Title: 14 V.S.A. § 1902 Letters of administration, small estates, notice. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/081/01902
• Title: 14 V.S.A. § 1903 Same; discharge upon payment of funeral expenses; residue. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/081/01903
• Title: 14 V.S.A. § 1851 Applicability. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/080/01851
• Title: 14 V.S.A. § 1852 Motion for waiver of administration; order. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/080/01852
• Title: 14 V.S.A. § 1853 Administration. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/080/01853
• Title: 14 V.S.A. § 1854 Discharge of executor or administrator. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/080/01854
• Title: 14 V.S.A. § 1203 Limitations on presentation of claims. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/066/01203
• Title: 14 V.S.A. § 1051 Inventory. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/063/01051
• Title: 14 V.S.A. § 1055 Accounts of executors and administrators; time of rendering; examination. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/063/01055
• Title: 14 V.S.A. § 906 Bond; amount, conditions. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/14/061/00906
• Title: 32 V.S.A. § 1434 Probate cases. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/32/017/01434
• Title: 32 V.S.A. § 3619 Time-share projects. Publisher: Vermont General Assembly. Publication Date: Not listed. URL: https://legislature.vermont.gov/statutes/section/32/123/03619
• Title: Order Promulgating Emergency Amendment to Rule 80.3(g) of the Vermont Rules of Probate Procedure. Publisher: Vermont Supreme Court. Publication Date: October 6, 2025. URL: https://www.vtcourts.gov/sites/default/files/documents/PROMULGATED%20-EmergencyAmendmentVRPP80.3--FORCOMMENT.pdf
• Title: Estates and Wills. Publisher: Vermont Judiciary. Publication Date: Not listed. URL: https://www.vtcourts.gov/probate/estates-and-wills
• Title: Petition to Open Small Estate, form 700-00001SM. Publisher: Vermont Judiciary. Publication Date: Not listed. URL: https://www.vtcourts.gov/media/377

It is not legal advice.