Vt. R. Prob. P. 80.3

As amended through August 12, 2024

Rule 80.3 - Small Estates

(a) Commencement. A small estate may be commenced by filing:

(1) a petition to open the estate;

(2) a list of interested persons;

(3) the filing fee;

(4) an original death certificate;

(5) an inventory sworn to by the petitioner, 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.

(b) Notice of commencement and appointment of fiduciary. An interested party who does not consent to the small estate proceeding in writing shall be provided with notice of the petition and the pending fiduciary appointment and may file any objections with the court within 14 days after receiving the notice. If no objections are filed, the fiduciary appointment and any will offered for admission shall be approved by the court without further notice or hearing.

(c) Order. If the court finds that the requirements for a small estate are met, the court shall issue an order:

(1) that the estate will be considered a small estate;

(2) that the will, if any, has been allowed and that there was no objection to the allowance or, after hearing, the court overruled any objection;

(3) that the person specified in the order is appointed administrator or executor; and

(4) that the duties and responsibilities of the executor or administrator are as herein specified.

(A) If the decedent had a will, the will shall be admitted and letters of administration shall be issued as provided in 14 V.S.A. § 902.

(B) If the decedent did not have a will, letters of administration shall be issued as provided in 14 V.S.A. § 903.

(d) Letters of administration. Letters of administration issued pursuant to Rule 80.3(c)(4) shall be effective for one year after the date of issuance. The court may extend the one-year duration upon motion of the fiduciary for good cause shown.

(e)Additional inventory. Within 60 days after the issuance of letters of administration, and at any time thereafter if deemed necessary by the fiduciary, the fiduciary shall conform, correct, or supplement the inventory filed with the petition.

(f)Payments from the estate.

(1) The fiduciary may, but is not required to, give notice to creditors pursuant to law. Whether or not notice is given to creditors, the fiduciary shall pay known debts of the deceased and the funeral and burial expenses of the deceased from the assets of the estate.

(2) If the estate is solvent after the payment of known debts, the fiduciary shall pay over any remaining balance of the estate as provided by the decedent's will or as otherwise provided by law.

(3) If it appears from the record that the estate is insolvent, the fiduciary shall apply for an order of dividend from the court and make payment as set forth in the court's order of dividend.

(4) Upon completion of the payments required under this subdivision, the fiduciary shall file an Affidavit of Payment, setting forth the amounts and recipients of each payment.

(5) Upon receipt of the Affidavit of Payment, the court may discharge the fiduciary without further accounting or notice. Unless the court otherwise directs, no tax clearance is required to close a small estate.

(g) Affidavit procedure. In lieu of filing the petition required in (a)(1), when an estate consists solely of one or more assets that may pass in accordance with the terms of the will, if any, or the law of descent and survivor's rights, an interested person, upon paying the entry fee for a small estate, may file an affidavit accompanied by a death certificate and the will, if any, and attesting to the matters set forth in (a)(4) and (5) and that notice has been given to, or consent obtained from, any other interested persons. If the court finds that the facts attested to are determined to its satisfaction, the court may order the asset or assets distributed in accordance with the terms of the will, if any, or the laws of descent and survivor's rights.

(h) Subsequent claims. If a discharge is given under this section, any assets distributed in accordance with the terms of the will, if any, or the laws of descent and survivor's rights by the fiduciary shall be subject to claims later established, and 14 V.S.A. §§ 1202 and 1203 shall apply, but fiduciaries shall not be liable to distributees for losses to them when required to reimburse creditors. Each distributee shall have a duty of proportionate contribution for any claims brought against one or more other distributees, not to exceed the amount received by the distributee from the estate.

Vt. R. Prob. P. 80.3

Added Nov. 5, 1987, eff. 3/1/1988; amended Dec. 8, 1988, eff. 3/1/1989; 10/4/2000, eff. 12/31/2000; 4/13/2006, eff. 6/16/2006; 12/18/2007, eff. 2/19/2008; 8/28/2012, eff. 10/29/2012; amended June 12, 2020, eff. 8/18/2020.

Reporter's Notes-2020 Amendment

Rule 80.3 is amended for consistency with the statutory provisions governing small estates, 14 V.S.A. Ch. 81, §§ 1901-1903, as amended by Act 36 of 2019, § 1, effective July 1, 2019.

The filings required by Rule 80.3(a) for commencing a small estate now conform to 14 V.S.A. § 1901(a)(2) and (7) by including in Rule 80.3(a)(2) a list of interested persons and, in Rule 80.3(a)(7), a bond without surety. In addition, former Rule 80.3(a)(5) is renumbered (a)(6) and amended to substitute the provision of 14 V.S.A. § 1901(a)(6) of an affidavit of paid and outstanding funeral expenses and other debts of the decedent for the former requirement of a receipt for funeral expenses paid or a bond for their payment within a year from the date of death. In new Rule 80.3(a)(3), formerly (a)(2), "filing fee" is substituted for "entry fee" for consistency with 14 V.S.A. § 1901(a)(3). Rule 80.3(a)(4), formerly (a)(3), calls for "an original" death certificate as in 14 V.S.A. § 1901(a)(4). In Rule 80.3(a)(5), formerly (a)(4), the language, "including information or estimates available at the time of filing," is added to the requirement of a sworn inventory.

Former Rules 80.3(b) and (c), providing for notice of the allowance of a will and the procedure to be followed if there is objection or if no objection is made, have been deleted. New Rule 80.3(b), entitled "Notice of commencement and appointment of fiduciary," adopts the language of 14 V.S.A. § 1901(b). The former subdivisions are replaced with the simple provision that an interested party who does not consent is entitled to notice and, presumably, hearing on any objections. If there is no objection, the appointment of the fiduciary and the will are approved "without further notice or hearing."

Former Rule 80.3(d), entitled "Order," is renumbered as Rule 80.3(c) and carried forward with the addition of language from 14 V.S.A. § 1902(a) to link the order to new Rule 80.3(d).

New Rule 80.3(d), entitled "Letters of administration," adopts the language of 14 V.S.A. § 1902(c).

New Rule 80.3(e), entitled "Additional inventory," adopts the language of 14 V.S.A. § 1902(b).

Former Rule 80.3(f), entitled "Distribution; accounting; discharge" is deleted and replaced with new Rule 80.3(f), entitled "Payments from the estate." New Rule 80.3(f)(1) carries forward former Rule 80.3(e) providing in general that whether or not the fiduciary gives notice to creditors, the fiduciary is to pay the deceased's known debts and funeral expenses from the estate. Paragraphs (f)(2)-(5) adopt language of 14 V.S.A. § 1903(a) and (b) concerning further responsibilities of the fiduciary in the event of a solvent or insolvent estate and for the fiduciary's discharge.

Former Rule 80.3(g), entitled "Closure" is deleted, but its final sentence is incorporated in new Rule 80.3(f)(5).

Former Rule 80.3(h) is renumbered as (g), carrying forward a practice commonly followed where there is a defined asset or assets such as a small bank account.

New Rule 80.3(h) adopts the language of 14 V.S.A. § 1903(c) concerning claims arising after discharge of the fiduciary.