Vermont Small Estate Affidavit | Affidavit of Heirship

If a loved one lived in or owned property in Vermont, and passes away, the grieving family and other heirs may file either an affidavit of heirship or a small estate affidavit to avoid probate court. In Vermont, small estates are defined as real estate, bank accounts, and personal property valuing no more than $45,000. The decedent may not have had any debts, or the heirs must use the property to pay those expenses back. The state does allow the decedent to have had a will, but the affidavit allows loved ones to avoid long battles in probate court or pick their own executor.

Affidavit of Heirship: This affidavit in Vermont covers finances like bank accounts and final paychecks, as well as motor vehicle titles and heirlooms.

Small Estate Affidavit: if a decedent either passes without a will, or their will does not cover real estate, then successors may file the small estate affidavit in Vermont to claim land and homes owned by the decedent.



Vermont allows heirs to file an affidavit of heirship to claim personal property such as bank accounts, vehicles, heirlooms, and debts owed the decedent such as final paychecks. However, the value of all said property may not exceed $45,000, or the estate will go to probate court to be divided…

If a decedent’s will does not cover their real estate property, including homes and land; the executor of the will does not follow the decedent’s wishes; or there is no will, successors may file a small estate affidavit to claim the decedent’s real estate property and either distribute it among…