Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice about your situation.
Detailed Answer
In Vermont, an heirship affidavit (often called a small estate affidavit) lets heirs transfer certain personal property without formal probate. Under 14 V.S.A. § 447, if the total value of the decedent’s personal property (excluding real estate) does not exceed $40,000, you may use this procedure. Follow these steps:
- Confirm Eligibility: Verify that no probate proceeding or administration is pending. Ensure the gross value of personal property in Vermont is under $40,000. For the exact threshold and process, see 14 V.S.A. § 447.
- Gather Basic Information: Identify the decedent’s full name, date and place of death, and last residence in Vermont. Obtain a certified death certificate from the Vermont Department of Health.
- List All Heirs: Prepare a complete list of heirs at law. Include each heir’s full name, relationship to the decedent (e.g., child, sibling), and current address. If the decedent had a will, this process does not apply.
- Describe the Assets: Itemize the personal property to be transferred (bank accounts, vehicles, securities, etc.) and list the estimated fair market value of each item. Attach account statements or valuations where possible.
- Draft the Affidavit: The affidavit must include: the decedent’s details, a sworn statement that no probate is pending, an inventory of assets, and a statement identifying all heirs. Use clear, numbered paragraphs to organize the information.
- Sign Before a Notary: All heirs must sign the affidavit in the presence of a notary public. Each signature should be dated and notarized. The notary will add their seal and commission expiration.
- Provide Supporting Documents: Attach a certified copy of the death certificate and any documents establishing heir status (e.g., birth certificates, marriage certificates).
- Present to the Holder of the Property: Deliver the signed affidavit and attachments to the institution or individual holding the property (banks, brokerage firms, motor vehicle office). They will review and transfer title or release funds to the heirs.
- File with Probate Court (Optional but Recommended): Though not required under § 447, consider filing a copy of the affidavit with the probate division of the Vermont Superior Court in the county where the decedent resided. This creates a public record and protects against future claims.
Helpful Hints
- Double-check the small estate threshold to confirm eligibility.
- Use a uniform template or form to ensure you include all required elements.
- Obtain certified death certificates and clear copies of heir documentation.
- Keep originals and provide certified copies to institutions.
- Contact the Vermont Superior Court clerk’s office if you have questions about filing procedures.
- Maintain a record of all communications and submissions for your files.