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Vermont Probate - Opening Small Estate
Vermont
Automated Document Set for Vermont - Opening a Small Estate
Probate
Vermont Probate - Opening Small EstateThe information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
Reviewed By
Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
To initiate the probate process for a small estate in Vermont, you would need the 700-00001SM Petition to Open Small Estate form. This form is required when a decedent has passed away, leaving personal property valued at $45,000 or less and no real estate. The process is typically triggered when the deceased has left behind either no known will.
Some important steps and documents that precede this petition include:
- Obtaining the decedent's death certificate.
- Compiling a list of interested persons using form 700-00002.
- Creating an inventory of the estate with form 700-00030.
- Completing an affidavit of funeral expenses and other debts with form 700-00402.
- Preparing a bond (without surety) based on the estate's fair market value.
Once these documents are prepared, you are ready to fill out and submit the Petition to Open Small Estate, effectively beginning the streamlined probate process for small estates. This filing helps in appointing an executor or administrator to manage the distribution of the decedent's estate according to Vermont's probate laws.
- Gather Required Documents: Assemble all necessary documents including the original or certified copy of the death certificate, inventory of the estate, affidavit of funeral expenses, and any wills or codicils.
- Complete the Form: Fill out the 700-00001SM Petition to Open Small Estate form with accurate details about the decedent and proposed executor.
- Prepare the Filing Fee: Have a check or money order payable to the Vermont Superior Court ready for submission.
- Submit to Probate Division: File the completed form and attached documents at the Probate Division of the Vermont Superior Court in the unit where the decedent resided.
- Await Court Decision: If consents from all heirs are obtained, a hearing may be waived. If not, attend the scheduled court hearing for further proceedings.
Obtaining Consents
Make sure all required heirs and the surviving spouse, if any, provide their consents. Having these consents can help avoid a court hearing, expediting the probate process.
List of Interested Persons
Ensure to include all individuals named in any version of the Will or Codicils, as well as any potential heirs or parties with a legal interest in the estate, even if you believe they will not contest the Will.
Inventory Details
When completing the inventory, include the estimated value of all personal property, but make sure these estimates are as accurate as possible at the time of filing. This includes items like bank accounts, jewelry, or other personal assets.
Affidavit of Debts
For the Affidavit of debts, include both paid and outstanding funeral expenses. Be diligent in tracking down any reasonably foreseeable debts to prevent any issues during estate settlement.
Bond Requirement
For the bond, you can submit a bond without surety, which means no additional guarantor is needed. However, ensure that the bond covers the fair market value of all estate assets to meet court requirements.
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1
Ensure all attached documents such as the death certificate and estate inventory are complete and accurate before submission.
2
After filing, wait for a confirmation from the Vermont Superior Court Probate Division regarding the acceptance of your petition.
3
If notified by the court, attend any scheduled hearings, especially if not all consents from heirs or the surviving spouse have been obtained.
4
If appointed, begin managing the decedent's small estate as per the responsibilities and powers given by the court.
5
Keep track of any communications from the court in writing, as further instructions or requirements can be sent post-filing.
