Detailed Answer
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Under Vermont law, you can use a small estate affidavit to transfer certain estate assets without formal probate if the decedent’s nonexempt personal property does not exceed the statutory limit. See 14 V.S.A. § 4051(a) (https://legislature.vermont.gov/statutes/section/14/113/004051). To complete the affidavit, you should gather the following documents and information:
1. Certified Death Certificate
- Obtain an official copy from the Vermont Department of Health.
2. Completed Small Estate Affidavit Form
- Use a form that cites 14 V.S.A. § 4051. You can often find templates on county Probate Court websites.
3. Proof of the Affiant’s Identity and Relationship
- Government-issued photo ID (driver’s license or passport).
- Proof of kinship: birth certificates or marriage certificates showing your relationship to the decedent.
4. Asset Documentation
- Bank and investment account statements showing balances.
- Titles for vehicles or boats.
- Certificates of stock or other securities.
- Copies of life insurance policies if cash value is payable to the estate.
5. List of Known Creditors
- A simple list of debts (medical bills, credit cards) with creditor names and approximate amounts.
- If there are no known creditors, a statement to that effect.
6. Beneficiary or Heir Consent
- Signed affidavits or consents from all heirs or devisees acknowledging the small estate procedure.
7. Any Available Will or Testamentary Documents
- If the decedent left a will, attach a copy even though formal probate is bypassed.
Once assembled, file the affidavit and supporting documents with the Probate Division of the Vermont Superior Court in the county where the decedent lived. The court clerk will review your submission and, if everything is in order, allow transfer of the listed assets.
Helpful Hints
- Confirm the current small estate threshold ($50,000 for tangible personal property; see 14 V.S.A. § 4052: https://legislature.vermont.gov/statutes/section/14/113/004052).
- Keep original documents safe; file certified copies when possible.
- Check with the local Probate Division clerk for any county-specific forms or fees.
- Notify potential creditors by mail or publication if required.
- Maintain a clear record of all distributions to heirs or beneficiaries.