Vermont Small Estate Affidavit | Form 700-00001SM

The Vermont Small Estate Affidavit (Form 700-00001SM) is a form considered valid for use in the state of Vermont for retrieving the small estate (assets) that were owned by an individual at the time of their death. Typically used among surviving family members, the individual with the right to collect the belongings is called the “affiant,” with the deceased person formally known as the “decedent.” 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.

The affiant can successfully use the affidavit once the form is completed, notarized, and filed with the judge of probate.

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 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.