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14 V.S.A. § 1901 · checked 2026-10-20

Vermont small estate affidavit limit

In Vermont the small estate proceeding in the probate division is available when the fair market value of an estate made up entirely of personal property (a time-share may be included) is $45,000 or less; the statute sets no waiting period. It works through a short court proceeding started by petition.

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  1. 1Dollar limit $45,000
  2. 2Waiting period None stated
  3. 3Filed with Court
  4. 4Statute 14 V.S.A. § 1901
Dollar limit
$45,000
Waiting period
None stated
Court involved
Yes
Real estate
Not allowed
Vermont$45,000Connecticut$40,000Maine$40,000 baseMassachusetts$25,000Rhode Island$15,000
Small-estate dollar limits in the New England states covered here. Bars to scale from zero; "base" marks a figure adjusted for inflation by statute.

What 14 V.S.A. § 1901 says

The operative words of the statute, as read on 2026-10-20:

“fair market value of not more than $45,000.00”

That test is applied to the fair market value of an estate made up entirely of personal property (a time-share may be included). The petition is filed with an inventory, a funeral-expense affidavit and a bond without surety equal to the estate's value. Interested persons have 14 days after notice to object. Letters last one year (14 V.S.A. § 1902).

Source: 14 V.S.A. § 1901. Last checked 2026-10-20.

Worked examples against the $45,000 limit

Estate valueResult under 14 V.S.A. § 1901
$27,000Within the limit
$45,000Within the limit
$46,000Over the limit by $1,000: the small-estate route is closed

Values are the estate as the statute measures it — fair market value of an estate made up entirely of personal property (a time-share may be included) — not everything the person owned. Vermont's figure is $17,500 below the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 39th from the top, level with South Carolina.

When the route opens

14 V.S.A. § 1901 does not write a waiting period into the procedure, so timing depends on the court's own processing after the papers are filed. 31 of the 51 jurisdictions here do set one, most often around 30 days.

Filing and fees

This route is still a court proceeding, but a shorter one than full administration: a petition, notice to interested persons, and an order. The court fee schedule for Vermont could not be read when this page was checked, so no fee is shown.

The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate proceeding in the probate division and what it charges. This site does not supply forms or refer anyone to a lawyer.

Nearby New England jurisdictions

Connecticut: $40,000; Maine: $40,000 base after 30 days; Massachusetts: $25,000 after 30 days; New Hampshire: no dollar cap; Rhode Island: $15,000 after 30 days.

Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.

General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Vermont probate court or its self-help center before filing.