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700-00001SM Guidance: Petition to Open Small Estate (Vermont)

Use the 700-00001SM Petition to Open Small Estate form when you need to open probate for a small estate in Vermont, specifically when the decedent's personal property is valued at $45,000 or less and there is no real estate involved. Jump to guide on filling it out.

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Tips for filling out form 700-00001SM

When completing form 700-00001SM, pay special attention to these less obvious sections:

Consent

Obtaining Consents

Make sure all required heirs and the surviving spouse, if any, provide their consents. Having these consents can help avoid a court hearing, expediting the probate process.
Item 3

List of Interested Persons

Ensure to include all individuals named in any version of the Will or Codicils, as well as any potential heirs or parties with a legal interest in the estate, even if you believe they will not contest the Will.
Item 5

Inventory Details

When completing the inventory, include the estimated value of all personal property, but make sure these estimates are as accurate as possible at the time of filing. This includes items like bank accounts, jewelry, or other personal assets.
Item 6

Affidavit of Debts

For the Affidavit of debts, include both paid and outstanding funeral expenses. Be diligent in tracking down any reasonably foreseeable debts to prevent any issues during estate settlement.
Item 7

Bond Requirement

For the bond, you can submit a bond without surety, which means no additional guarantor is needed. However, ensure that the bond covers the fair market value of all estate assets to meet court requirements.

What to do after filing form 700-00001SM

1
Ensure all attached documents such as the death certificate and estate inventory are complete and accurate before submission.
2
After filing, wait for a confirmation from the Vermont Superior Court Probate Division regarding the acceptance of your petition.
3
If notified by the court, attend any scheduled hearings, especially if not all consents from heirs or the surviving spouse have been obtained.
4
If appointed, begin managing the decedent's small estate as per the responsibilities and powers given by the court.
5
Keep track of any communications from the court in writing, as further instructions or requirements can be sent post-filing.
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