Can I use Vermont’s small estate process — how do I confirm the bank account is under the $20,000 limit?
Short answer
To use Vermont’s small estate process you must verify the decedent’s qualifying personal property (often including bank accounts) falls at or below the state threshold (commonly $20,000 for small estate procedures). To confirm whether a particular bank account counts toward that limit, gather bank statements, contact the bank for balances and account type, and add other personal-property assets and payable debts. If the total qualifying personal property is at or below the limit, you may be able to use the simplified small estate process through the Vermont probate office.
Detailed answer — step-by-step
1) Understand what the small estate limit covers
“Small estate” procedures typically apply only to personal property (bank accounts, cash, vehicles, personal effects) and not to most real estate. The goal is to compare the total value of qualifying personal property against the small-estate dollar threshold. Policies and exact definitions vary; confirm with Vermont probate staff or an attorney before acting.
2) Identify the bank accounts and how they are titled
- List every bank account in the decedent’s name.
- Note whether each account is solely in the decedent’s name, held jointly (with right of survivorship), or designates a payable-on-death (POD) beneficiary.
- Joint accounts and POD accounts usually pass outside probate and often do not count toward the small-estate computation — but the facts can matter (e.g., whether the joint owner is truly a co-owner or was simply an authorized signer).
3) Get accurate balances as of the date of death
Banks commonly provide a balance as of the date of death or a recent balance. To get this:
- Gather recent paper statements or online statements.
- Call the bank’s probate/deceased-account line and request the balance as of the date of death. The bank will usually ask for a copy of the death certificate and proof you are an appropriate person to request the information (spouse, personal representative, next of kin, etc.).
- If you cannot get the date-of-death balance, use the most recent statement and note any deposits/withdrawals up to the date of death so you can estimate a more accurate figure.
4) Add other qualifying personal property and subtract debts
When you determine whether the estate fits within the $20,000 limit, you typically add together:
- Cash and bank account balances that pass through probate;
- Personal property that must be probated (vehicles, valuables, some securities);
- Less debts and funeral expenses that probate law allows to be deducted (check with probate staff about which debts to include).
Do not include property that passes outside probate (real estate transferred by deed, accounts with named beneficiaries or proper joint ownership where survivorship applies) unless Vermont law treats it differently in a given situation.
5) Sample calculation (hypothetical)
Example: Decedent’s sole-bank-account balance as of date of death = $12,500. Other probate-personal-property (vehicle net value) = $3,000. Reasonable funeral bill and final medical bills to be paid from estate = $2,000. Total qualifying personal property before debts = $15,500; after subtracting debts ($2,000) = $13,500. Because total is under $20,000, a small estate affidavit or similar simplified process may be available.
6) Confirm small-estate eligibility with Vermont probate
Before relying on a small estate affidavit or simplified procedure, check with the Vermont probate office in the county where the decedent lived. Probate staff can confirm procedures, required forms, and whether any account or asset you have counts toward the limit.
7) When to ask the bank for account release under small estate rules
If an estate qualifies, Vermont banks will often honor a small estate affidavit, court summary, or an appointment of a personal representative. Banks have internal policies and may require:
- A certified copy of the death certificate;
- A signed small estate affidavit or probate court document;
- Identification and a bank-prescribed waiting period or review.
Helpful hints
- Start with the bank where the decedent most recently did business: one phone call (probate/deceased-account department) often yields the required balance and documentation checklist.
- Collect physical/electronic statements for the 12 months before death to spot transfers or recent changes in balance.
- Be careful with joint accounts — ask the bank whether the joint holder’s ownership is survivorship or whether the funds are subject to the estate.
- Keep a running worksheet that lists each asset, the date-of-death balance, and whether it likely counts in the small-estate total.
- If you find one bank account pushes you over the threshold, ask the probate office whether any exclusions or deductions (like funeral expenses or certain debts) will bring you under the limit.
- If a bank refuses to release funds or if title/beneficiary designations are unclear, consult the probate court or consider hiring an attorney. Conflicts among potential heirs or complex holdings may still require full probate.
Where to get official Vermont information and forms
For Vermont-specific procedures and forms, contact or visit the Vermont Judiciary and the probate division website. The Vermont Judiciary has general probate information and local court contact details: https://www.vermontjudiciary.org/
For statutory language on probate and estates in Vermont, consult Title 14 (Probate, Estates, and Fiduciaries) of the Vermont statutes: https://legislature.vermont.gov/statutes/title/14
Contact the probate court in the county where the decedent lived to confirm local practice, required documents, and whether your estate qualifies as a small estate.
When to consult an attorney
Consider speaking with an attorney if:
- Account ownership or beneficiary designations are disputed or unclear;
- The total value is close to the threshold and you need help interpreting what counts;
- There are likely creditor claims, tax issues, or possible litigation among heirs;
- Any bank or third party refuses to honor a small estate affidavit.