Vermont Small Estate Affidavit Form

The Vermont Small Estate Affidavit (Form 700-00001SM) is a form that permits the lawful collection of a deceased person’s personal property (real estate not included) so long their estate is not valued at more than $10,000. The form is typically used among surviving family members. The individual with the right to collect the belongings is called the “affiant,” whereas the deceased person is formally known as the “decedent.” The form can only be used after the form is completed, notarized, and filed with the judge of probate.

Laws: 14 V.S.A. § 1902

Requirements

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 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 VT law.

Sample