Probate in Vermont: small estates, no will, and skipping court

Updated 2026-10-18

The short answer

Vermont has no small estate affidavit. Instead, an estate of $45,000 or less made up only of personal property can use a simplified court proceeding. Any Vermont real estate means regular probate, unless the home passes by an enhanced life estate deed or trust. Vermont taxes estates over $5 million.

When someone dies in Vermont, the family's first question is usually practical. Do we have to go to court, and how long will it take?

Most Vermont estates touch the court in some way, but there are simpler paths. This page covers them, plus who inherits if there is no will. It is part of our estate planning guides by state. If the word is new, start with what probate is.

Is there a small estate affidavit in Vermont?

No. Many states let families collect a small estate with a signed affidavit and no court. Vermont doesn't. Its "small estate" is a simplified proceeding in the Probate Division of the Superior Court (14 V.S.A. 1901).

To qualify, the estate must be worth $45,000 or less at fair market value, and be made up entirely of personal property. A time-share can be included. Any Vermont real estate disqualifies it.

Here is how it works (14 V.S.A. 1901):

File a petition with a list of interested people, the filing fee, the original death certificate, an inventory, the will if there is one, and an affidavit listing funeral costs and known debts.
Interested people who haven't consented get notice and 14 days to object. If nobody objects, the court approves the appointment and the will without a hearing.
The person appointed pays known creditors, distributes what's left, and files a sworn statement of payments (14 V.S.A. 1903).

The appointment lasts a year and can be extended (14 V.S.A. 1902). If the estate turns out to be worth more than $45,000, it switches to regular probate.

Who inherits if there's no will?

Vermont's intestacy law decides. Vermont is not a community property state (14 V.S.A. 311).

A surviving spouse takes everything if there are no descendants, or if all the descendants are also the spouse's. In a blended family, where the person who died had children who aren't the spouse's, the spouse takes one-half and the descendants take the rest.

Anything not going to a spouse passes in this order (14 V.S.A. 314):

Children and other descendants.
Parents equally, or the surviving parent.
Brothers and sisters, and the children of any who died.
Half to the grandparents on each side.
The next of kin in equal degree.

Half-siblings inherit the same as full siblings. Friends never appear on this list, so a gift to a friend or charity needs a will or trust. Our post on dying without a will covers what happens when the list runs short.

A Vermont will needs two witnesses, even if it is handwritten (14 V.S.A. 5). Vermont has no exception for handwritten wills.

Who serves as executor?

Vermont calls the person named in a will the executor. Someone appointed without a will is an "administrator." The court issues letters to the named executor if they accept and post any required bond (14 V.S.A. 902).

With no will or no executor named, the order is (14 V.S.A. 903):

The surviving spouse or next of kin, or both, or someone they nominate.
If they don't apply in a reasonable time or aren't suitable, one or more principal creditors.
Otherwise, someone the Probate Division chooses.

An executor is a fiduciary: legally required to act in the estate's interest and follow what the will says.

Can an executor live outside Vermont?

Yes, but it is up to the court. A nonresident can be appointed at the court's discretion when the main administration is in Vermont (14 V.S.A. 904). There is no relatives-only rule.

A nonresident executor must name a Vermont resident who agrees to accept legal papers, and file that appointment with the court. A daughter in Colorado can serve, with a Vermont contact on file.

How long do creditors have?

Debts from before death are barred unless presented within four months after the first published notice to creditors. If no notice is published, the limit is one year after death (14 V.S.A. 1203). Amounts owed to the State for Vermont Medicaid aren't cut off by this deadline.

Is there a simpler option for larger estates?

Sometimes. "Waiver of administration" is for an estate that doesn't qualify as small, when one person is the sole beneficiary under the will (or sole heir without one) and the sole fiduciary, and the person who died owned no Vermont real estate (14 V.S.A. 1851 and 1852). It waives the inventory and bond, and skips filings except a final affidavit (14 V.S.A. 1852).

A will can also be allowed without a hearing if all heirs and the surviving spouse consent, or if it is self-proved and nobody objects in time (14 V.S.A. 107). Before closing, the court requires a tax clearance from the Vermont Department of Taxes.

Our post on the probate process walks through the steps, and how long probate takes covers timing.

How much is the executor paid?

Vermont allows "reasonable fees for services," plus necessary expenses (14 V.S.A. 1065). There is no percentage schedule.

If the will sets the pay, that is the full amount unless the executor files a written renunciation of it or the court orders otherwise. Our post on what an executor gets paid compares approaches.

Can my house skip probate?

Yes, but not with a transfer-on-death deed. Vermont has not adopted one. Its deed for this is the "enhanced life estate deed," often called a Lady Bird deed (27 V.S.A. 652).

What to know:

You keep the right to live in, sell or mortgage the home during your life, without the beneficiary's consent or notice.
The beneficiary has no vested rights until you die. Then title passes to them.
You revoke it by recording a deed back to yourself, or change it by recording a new one (27 V.S.A. chapter 6). A mortgage doesn't revoke it.
Since January 1, 2022, a recorded enhanced life estate deed is subject to Vermont's property transfer tax. Ask whether an exemption applies.

A living trust is the other common way to keep a home out of court, and our post on what a trustee does explains that role. Our post on how to avoid probate compares the options.

Will my heirs owe Vermont estate tax?

Only on large estates. Vermont taxes a Vermont taxable estate over $5,000,000, at 16 percent of the amount above $5,000,000 (32 V.S.A. 7442a). No inheritance tax was found.

The Department of Taxes reports that in 2026 the filing threshold was raised to $5 million to match, effective June 18, 2026 (Vermont Department of Taxes).

Which path fits?

Situation	Likely path in Vermont
$45,000 or less, personal property only	Small estate proceeding
One person is sole heir and sole fiduciary, no Vermont real estate	Waiver of administration
Any Vermont real estate not in a trust or Lady Bird deed	Regular probate
Home with a recorded enhanced life estate deed	Passes to the beneficiary outside probate
Estate over $5 million	Vermont estate tax return may be due

Here is a typical case, a composite. Ruth, 76, lived in Rutland and never married. Her house had an enhanced life estate deed naming her nephew, and her accounts were well under $45,000. Her nephew used the small estate proceeding for the accounts.

Some people would rather not leave this to a nephew in another state. Trella Trust Company, through a Kinly membership, can be named as executor or trustee, first or as backup to someone you choose. If it steps in and settles the estate, that work is charged by the hour, and you see the rates before anything starts.

Before death, the papers that matter most are your powers of attorney. See our Vermont financial power of attorney guide and Vermont medical power of attorney guide.

Common questions

Does Vermont have a small estate affidavit?

No. Vermont's small estate is a simplified court proceeding for $45,000 or less in personal property only.

Does a surviving spouse inherit everything in Vermont?

Only if there is no will and either there are no descendants or all the descendants are also the spouse's. If the person who died had children from another relationship, the spouse takes one-half.

Does Vermont allow transfer-on-death deeds?

No. Vermont uses the enhanced life estate (Lady Bird) deed instead. You keep full control during your life, and the home passes to your beneficiary at death without probate.

Does Vermont have an estate tax?

Yes, on estates over $5 million. The tax is 16 percent of the amount above $5 million.

How long do creditors have in Vermont probate?

Four months after the first published notice to creditors, or one year after death if no notice is published.

Sources

This page is general information, not legal or financial advice. Laws vary by state.

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