Personal property
$45,000
statutory cap
30-day wait
Estate consisting entirely of personal property.
VT · Probate Division of Superior Court
Vermont
Small-estate-affidavit threshold and procedure under § 14 V.S.A. § 1902.
Verified 2026-05-04
01
Who is eligible to file
- Surviving spouse or registered domestic partner
- Adult children, equally if more than one
- Parents of the decedent, if no spouse or descendants
- The named executor under the will, if one exists
- An heir at law under Vermont's intestate-succession statute, in the absence of the above
02
What counts toward the threshold
The threshold counts only assets that pass through probate. The following do not count against the cap:
Joint tenancy property
Passes by right of survivorship.
Community property w/ ROS
Vests in surviving spouse.
Beneficiary-designated
Life insurance, IRAs, 401(k)s.
TOD / POD accounts
Bank, brokerage, vehicle titles.
Living trust assets
Distributed by the trust, not the will.
Wages owed to surviving spouse
Often a separate path.
State note: Estate consisting entirely of personal property.
Waiting period
State requires 30 days to elapse from date of death (personal-property path) before filing.Real property
Excluded — personal property only
The small-estate-affidavit pathway in this state excludes real property. Real-property transfers require a different procedure (often regular probate).
03
Where to file
File with the Probate Division of Superior Court in the county where the decedent resided at death.
We do not maintain a county-by-county directory. The Vermont judicial system operates an authoritative court locator.
Find your county’s Probate Division of Superior Court via the Vermont judicial council website. Search for “Vermont Probate Division of Superior Court county locator” or visit the state government court directory.
04
Form & statute
Form
- Petition to Open Small Estate
Statute
§ 14 V.S.A. § 1902
https://legislature.vermont.gov/statutes/section/14/121/01902small-estate procedure