What is a small estate affidavit?
A small estate affidavit is a form of legal document used in Vermont probate law. It is used when a person has died with a small estate, defined as having assets of $50,000 or less. The small estate affidavit is used to transfer a deceased person’s assets to their heirs without the need for a formal probate court proceeding. The affidavit includes the personal information of the deceased, such as name, date of death, and Social Security number, as well as the names and addresses of their heirs. It also lists the deceased’s assets, such as property and bank accounts, and claims that no other documents, such as wills or trusts, exist to transfer the assets. In order to prepare the small estate affidavit, heirs must collect certain information and documents, such as death certificate, bank statement, and list of all debts and taxes owed. Once the affidavit is completed, it must be filed with the probate court in the county where the deceased lived. The probate court will review the affidavit to make sure it meets legal requirements and that all required information is included. If the court approves the affidavit, they will issue Letters of Authority to the heirs, which authorize them to transfer the assets listed in the affidavit.
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