Vermont route screening
An estate with fair market value not more than $45,000 consisting entirely of personal property may use the small-estate filing; a time-share estate is expressly permitted. No waiting period is published because § 1901 does not state one and the governing court rules were not authenticated.
Sources reviewed August 9, 2026. Latest primary-source re-fetch September 15, 2026.
Threshold evidence and currency
Currency: No later session-law supersession is recorded in the reviewed source set for this threshold. The edition/currentness label below is the basis for the published figure.
Controlling citation: 14 V.S.A. § 1901 — The Statutes below include the actions of the 2025 session of the General Assembly..
Verbatim threshold text from that source:
§ 1901. Commencement of small estate (a) When a decedent's estate has a fair market value of not more than $45,000.00 and consists entirely of personal property, provided that the estate may include a time-share estate as defined by 32 V.S.A. § 3619(a), an estate may be commenced by filing: (1) a petition to open a probate estate; (2) a list of interested persons; (3) the filing fee; (4) an original death certificate; (5) an inventory of the estate, including information or estimates available at the time of filing; (6) an affidavit of paid and outstanding funeral expenses and any other known or reasonably ascertainable debts of the decedent; (7) a bond without surety in the amount of the fair market value of the estate; and (8) the will, if any.
The headline limit is not a count of everything the person owned. It is a test of the property and deductions named by this procedure. Classify title and beneficiary status first; property that transfers by a valid survivorship right, beneficiary designation, or funded trust follows its own transfer path.
This reviewed route is limited to personal probate property. A house or other real property is not transferred through this screen, even when the personal-property total is below $45,000. Open the deed and the receiving court’s real-property instructions before assuming the simplified procedure resolves the whole estate.
The reviewed value basis is gross for this route. The tool does not subtract a mortgage or other lien from the amount test unless the cited rule says to do so.
No waiting-period number is published because it has not been verified to the same primary-source standard as the threshold.
Assemble the death date, will status, asset titles, beneficiary confirmations, values, enforceable liens, family facts, and any prior court filing before signing anything. Then use the court publisher’s current artifact for the selected route.
The Vermont Judiciary probate hub and statewide court-location directory both returned HTTP 200.
The Vermont Judiciary probate page states that forms for small estates and formal estates are found on the Estates and Wills page (linked above). The small-estate route itself is a filing in the Probate Division of the Superior Court in the county of residence rather than a self-executing affidavit; 32 V.S.A. § 1434(a)(30) also provides a distinct affidavit procedure for small estates under Probate Rule 80.3(h).
If the state publishes no statewide form, that is a finding—not a missing link. Contact the Probate Division of the Superior Court or clerk in the proper county for its packet and current filing instructions rather than borrowing an unofficial form from another county.
This is general information, not legal, tax, or financial advice, and it does not create an attorney-client relationship. Probate law varies by state and county and changes over time. Verify the current rule with the court or a licensed attorney in the relevant state.
Vermont eligibility map
The Vermont threshold is one screen, not a complete legal conclusion. This map pairs the recorded ceiling with the property scope, deductions, date, and court artifact that have to be checked before relying on a likely-qualifies result.
| Question | Recorded Vermont answer | Carry into the case |
|---|---|---|
| What route is being screened? | Commencement of small estate | Confirm that the will, prior appointment, family facts, and asset titles fit this route. |
| What property and basis count? | personal probate property only; gross value for this route. | Keep real property, liens, beneficiary transfers, and survivorship transfers classified separately. |
| What is the amount screen? | $45,000 | Use the counted property, not a bank-balance shortcut. |
| What is the time or deadline record? | No waiting-period number verified; 14 V.S.A. § 1203 sets two separate claim clocks that must be read apart: a four-month bar running from first publication of notice to creditors where notice is given, and a one-year bar running from death where no notice is published. The four-month period is stated in months, so it is not reduced to a fixed number of days. | Keep the event that starts each clock with the date; do not combine separate periods into one number. |
| What does the cost record establish? | 2 published schedules; the proceeding and value basis control the total. | Ask the Probate Division of the Superior Court about local surcharges, copies, publication, bond, and later filings. |
| What does compensation use? | 32 V.S.A. § 1143 is the fiduciary-compensation statute: an executor or administrator is paid $4.00 for each day's attendance on the business of the appointment, and in cases of unusual difficulty or responsibility the Probate Division of the Superior Court may allow such further sum as it judges reasonable. The $4.00 per-diem is a nominal, archaic figure, so in any non-trivial estate the operative compensation is the further reasonable sum the court allows rather than a percentage of the estate. That is a fact about the statute, not an omission: Vermont publishes no percentage schedule. The relevant base is the estate accounting. | Keep the will, task log, receipts, and accounting base together; extraordinary work is separate. |
Eligibility inputs
A threshold is useful only when the amount is measured the way the source describes. Keep this table with the asset worksheet so an empty or misclassified field cannot look like a confirmed qualification.
| Input | Registry record |
|---|---|
| Threshold | $45,000 |
| Property scope | personal probate property only |
| Value basis | gross value for this route |
| Waiting period | No waiting-period number verified |
| Required extra facts | None listed in the registry |
Case-file context
A route answer is easier to use when the facts that can change it stay in the same record. These are the reviewed Vermont descriptions adjacent to this page\'s main question; they are not a substitute for the source quotations or the receiving court\'s instructions.
Probate entry fees are $50 through $10,000, $110 through $50,000, $265 through $150,000, $500 through $500,000, $1,000 through $1 million, $1,750 through $5 million, $2,500 through $10 million, and $3,250 above $10 million. Separately, 32 V.S.A. § 1434(a)(30) sets a flat $50.00 entry fee for the affidavit procedure for small estates under Probate Rule 80.3(h).
2 published schedules; the proceeding and value basis control the total.
32 V.S.A. § 1143 is the fiduciary-compensation statute: an executor or administrator is paid $4.00 for each day's attendance on the business of the appointment, and in cases of unusual difficulty or responsibility the Probate Division of the Superior Court may allow such further sum as it judges reasonable. The $4.00 per-diem is a nominal, archaic figure, so in any non-trivial estate the operative compensation is the further reasonable sum the court allows rather than a percentage of the estate. That is a fact about the statute, not an omission: Vermont publishes no percentage schedule.
32 V.S.A. § 1143 is the fiduciary-compensation statute: an executor or administrator is paid $4.00 for each day's attendance on the business of the appointment, and in cases of unusual difficulty or responsibility the Probate Division of the Superior Court may allow such further sum as it judges reasonable. The $4.00 per-diem is a nominal, archaic figure, so in any non-trivial estate the operative compensation is the further reasonable sum the court allows rather than a percentage of the estate. That is a fact about the statute, not an omission: Vermont publishes no percentage schedule. The relevant base is the estate accounting.
14 V.S.A. § 1203 sets two separate claim clocks that must be read apart: a four-month bar running from first publication of notice to creditors where notice is given, and a one-year bar running from death where no notice is published. The four-month period is stated in months, so it is not reduced to a fixed number of days.
Court-material note: The Vermont Judiciary probate hub and statewide court-location directory both returned HTTP 200. The Vermont Judiciary probate page states that forms for small estates and formal estates are found on the Estates and Wills page (linked above). The small-estate route itself is a filing in the Probate Division of the Superior Court in the county of residence rather than a self-executing affidavit; 32 V.S.A. § 1434(a)(30) also provides a distinct affidavit procedure for small estates under Probate Rule 80.3(h).
Arithmetic illustration
The recorded Vermont ceiling is $45,000, and it is tested against personal probate property only, on a basis this site records as gross value for this route. Counted that way, $33,800 sits below the Vermont figure and $56,300 sits above it. Both are comparisons to a published number rather than legal outcomes: two estates holding the same total can land on opposite sides of this line, because what Vermont counts and how it values it are decided before the comparison is made.
| Illustrative counted amount | Comparison to the Vermont ceiling | What it does not decide |
|---|---|---|
| $33,800 | Below $45,000 | Title, liens, waiting period, appointment, or creditor duties |
| $56,300 | Above $45,000 | Whether another statutory route or court process applies |
Next evidence to collect
Official material
The Vermont Judiciary probate hub and statewide court-location directory both returned HTTP 200.
The Vermont Judiciary probate page states that forms for small estates and formal estates are found on the Estates and Wills page (linked above). The small-estate route itself is a filing in the Probate Division of the Superior Court in the county of residence rather than a self-executing affidavit; 32 V.S.A. § 1434(a)(30) also provides a distinct affidavit procedure for small estates under Probate Rule 80.3(h).
Source trail
Each legal input links to the government source reviewed for this page. Source text can change; confirm the current rule before acting.
Reviewed source note: § 1901. Commencement of small estate (a) When a decedent's estate has a fair market value of not more than $45,000.00 and consists entirely of personal property, provided that the estate may include a time-share estate as defined by 32 V.S.A. § 3619(a), an estate may be commenced by filing: (1) a petition to open a probate estate; (2) a list of interested persons; (3) the filing fee; (4) an original death certificate; (5) an inventory of the estate, including information or estimates available at the time of filing; (6) an affidavit of paid and outstanding funeral expenses and any other known or reasonably ascertainable debts of the decedent; (7) a bond without surety in the amount of the fair market value of the estate; and (8) the will, if any.