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Short overview: In Vermont, when a decedent leaves only personal property (no real estate) and the estate qualifies as a “small estate,” heirs or other entitled persons often collect assets by using an affidavit or sworn statement instead of a full probate administration. The affidavit identifies the decedent, lists the personal property and its value, states the heir(s) entitled to the property, and is presented to the holder of the property (for example, a bank, a vehicle registry, or a company holding personal items). This article explains a typical step-by-step process, the documents you will need, practical tips, and important limitations under Vermont law.

1. Do you have a small estate under Vermont law?

First, confirm that the estate is the kind of case where an affidavit-for-collection is appropriate. Vermont’s probate laws govern estate procedures (see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14), and the Vermont Probate Division can answer whether a simplified collection route applies in your situation: Vermont Judiciary – Probate. Typical requirements for small-estate procedures include:

• The assets to be taken are personal property only (no real estate transfers);
• The value and type of assets make full probate unnecessary;
• The person presenting the affidavit is an heir, spouse, or person legally entitled to the property.

If any of these are unclear, contact the local probate court clerk or consult an attorney before using an affidavit.

2. What an affidavit for collection should include (typical contents)

An effective affidavit should be clear and sworn (notarized). Typical sections are:

1. Decedent identification: full name, date of death, last address.
2. Affiant identification: your name, relationship to decedent (spouse, child, named heir), address, and contact information.
3. Statement of authority: a clear statement that you are entitled to collect the property (for example, the sole heir or the person named by Vermont intestacy rules).
4. Inventory of personal property: list each item, account, or intangible (bank accounts, certificates, vehicles, household goods) and state the estimated value for each.
5. Statement that no probate administration is pending (or that you are not aware of any pending administration).
6. Attestation of sworn truth: a sworn statement that the information is true under penalty of perjury, followed by your signature and a notary block.
7. Attachments: certified copy of the death certificate, copies of identification, copies of any documents supporting entitlement (wills, beneficiary designations, letters showing relationship), and any account statements or titles being claimed.

3. Steps to prepare and submit the affidavit

1. Gather documents: certified death certificate, ID, account statements, titles, beneficiary designations, and any will or court filings.
2. Confirm entitlement: if the decedent left a will, follow the will’s instructions. If there is no will, follow Vermont intestacy rules under Title 14 to identify heirs (probate clerk can help).
3. Draft the affidavit: use clear headings, include the items listed above, and be specific about the value and location of each item.
4. Notarize: sign the affidavit in front of a notary public so the affidavit can be accepted by third parties and courts.
5. Present to the holder: give the affidavit and supporting documents to the institution or person holding the property (a bank, the Department of Motor Vehicles, brokerage firm, or a custodian of personal effects). Some institutions have their own claim forms or require additional corporate paperwork—call ahead.
6. File with probate court if requested: some institutions will accept the affidavit alone; others or the probate court may ask you to file a copy for the public record. Check with the local probate office or the Vermont Judiciary Probate Division page: https://www.vermontjudiciary.org/court-records/probate.

4. What to expect after you submit the affidavit

Financial institutions or other holders commonly review the affidavit and may:

• Accept the affidavit and release funds or property;
• Ask for more documentation or a bond in some circumstances;
• Refuse and require formal probate or a court order if the claim is contested, if creditor issues arise, or if the institution has policy limits.

5. Creditor claims and liability

Using an affidavit to collect assets does not eliminate creditor claims. In many cases, collecting property by affidavit exposes the collector to later claims by creditors if the estate had unpaid obligations. Make sure you understand potential personal liability before distributing assets. The probate court rules in Title 14 include creditor claim procedures—review those provisions or ask an attorney for advice: Title 14, Vermont Statutes.

6. When the holder wants a court order instead of an affidavit

If an institution refuses an affidavit, it may require a small probate administration, a court order, or a bond. In that case, you can:

• Ask the institution which documentation would be acceptable;
• File a petition with the probate court for a limited or summary administration;
• Hire an attorney to seek a court order or open a short form probate if needed.

7. Sample affidavit outline (hypothetical language)

Below is a short, hypothetical outline to show typical wording; do not copy verbatim without adapting to your facts and local requirements:

“I, [Your name], being duly sworn, state that [Decedent name] died on [date]. I am [relationship]. The decedent owned the following personal property: [list items and values]. No probate administration is pending in [county]. I am entitled to the property as [heir/spouse/beneficiary]. I request release of the property to me.” Followed by signature and notarization.

8. Helpful Hints

• Call the probate clerk before you prepare the affidavit. The clerk can tell you whether a simple affidavit is appropriate and whether the court requires a filed copy.
• Contact the institution holding the property (bank, DMV, investment firm) to learn its affidavit requirements and any dollar limits or internal forms.
• Bring a certified death certificate; many institutions will not release funds without it.
• Keep copies of everything you submit. Maintain a simple distribution ledger if you collect and distribute funds so you can show how proceeds were used.
• Consider informal creditor notice: if the estate may have debts, ask the probate clerk how to protect yourself from future claims or whether a short creditor notice is advisable.
• If multiple heirs exist, get written agreement from them when possible before collecting and distributing property; that reduces disputes.
• If a dispute arises, or if you feel unsure, consult a probate attorney. A short phone consult can save time and liability.

When to consult an attorney

Seek legal help if the estate is contested, contains complex assets (business interests, out-of-state property), or if substantial debts or creditor claims exist. An attorney can advise whether an affidavit is safe to use or whether opening a formal estate is required.