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 heirs, or sell as necessary. Including liens and encumbrances, the value of the real estate may not exceed $45,000 – otherwise, the estate will go to probate court or be the responsibility of the executor. In addition, there should be no surviving spouses, union partners, or children to automatically inherit the property, per Vt. Stat. Ann., tit. 14, § 1902.
How to Write
Step 2 – Enter the following into the form:
- Header – Enter Superior Court (See List)
- Name of Decedent
- Date of Birth
- Case Number
- Check the three (3) boxes depending on your situation
- Date and Sign
- Verification – On the last page you will be required to verify that everything you have stated is true and accurate
Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.