Plans & Pricing
About Gavel
Careers
Product Wishlist
Subdomain Log In
Manage Account
Close deals faster with substantive, accurate AI for redlining.
Gavel Exec is a senior-level AI legal assistant that redlines, analyzes, and drafts documents directly inside Microsoft Word.
No credit card or sales call required
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.
When handling a small estate in Vermont, specifically during the probate process, a fiduciary might need the 700-00402 Affidavit of Paid and Outstanding Funeral Expenses and Debts for a Small Estate form. This form is pertinent when the estate is small enough to qualify for simplified administration processes, and the fiduciary must state the funeral expenses and any debts that remain unpaid.
- File this form after the initial petition to open probate has been submitted and the fiduciary has been appointed.
- Use after notifying creditors, since debts listed should be "reasonably ascertainable."
- Needed after confirming which funeral expenses have been paid.
Typically, the process begins with submitting a Petition to Open a Small Estate (form 700-00232) or similar documentation to establish small estate status. This affidavit helps the probate court understand the financial obligations involved, and thus allow the fiduciary to manage the estate obligations. Proper completion of this document ensures that all related debts and expenses are accurately recorded, paving the way for the subsequent distribution of the estate's remaining assets.
- Complete the Form: Accurately fill out the 700-00402 Affidavit form, listing all paid and unpaid funeral expenses and debts of the deceased.
- Sign the Affidavit: The fiduciary must sign the form, attesting that the information provided is true to the best of their knowledge.
- Submit to Probate Division: File the completed affidavit with the Vermont Superior Court Probate Division in the unit where the estate is being handled.
- Pay Any Required Fees: Check for any filing fees required by the court and ensure payment accompanies the submission.
- Confirm Filing: After submission, confirm the court has received and processed the affidavit, and check for any additional actions required.
List Accurate Expenses
When listing the paid funeral expenses and debts, ensure that every entry is accompanied by proper documentation such as receipts or invoices. This will provide proof if required by the court and will prevent disputes over the estate's financial situation.
Identify Unpaid Debts
For reasonably ascertainable debts, it is important to conduct a thorough search to ensure that no creditors are overlooked. Look for outstanding bills, credit card statements, or other financial obligations the decedent may have had. Contact known creditors to confirm the current status of the decedent's accounts.
Check Fiduciary Rights
Before signing the affidavit as the fiduciary, confirm that you have been officially appointed by the court to manage the estate's affairs. Include documentation of your appointment, if necessary, to demonstrate your legal authority to sign the affidavit.
Gavel automates client intake, document drafting, and revenue generation so you can focus on practicing law.
Try Gavel for free, no commitment or credit card reguired
1
Confirm receipt of the filed form with the Probate Division by calling or checking their online system if available.
2
Wait for a response from the Probate Division regarding approval or any additional information needed about the small estate processing.
3
If instructed, prepare and file additional documents related to settling the estate, such as an Inventory of Assets or Accounting of the Estate.
4
Contact any known creditors from the affidavit to confirm outstanding balances and update them about ongoing proceedings, if necessary.
5
Schedule a follow-up with the assigned probate judge or case manager to ensure all obligations are being met and to resolve any issues with the estate promptly.
