Vermont Probate Forms: Complete List for Estate Administration

Vermont probate forms are issued by the Probate Division of the Superior Court and are available as free PDFs from the Vermont Judiciary website. The challenge is not finding the forms — it is knowing which ones apply to your situation, in what order to file them, and what supporting documents must accompany each submission. Filing the wrong petition or leaving out a required attachment triggers rejection delays that can add weeks to an already-stressed timeline.

Here is the complete reference for Vermont probate forms, organized by the stage of administration they correspond to.

Step One: Determine Which Process Applies

Before filing anything, identify which track the estate belongs to:

Small Estate Administration applies when:

• The decedent's probate assets consist entirely of personal property (bank accounts, vehicles, personal effects, investment accounts)
• A timeshare may be included — this is the only real property exception
• The total value is $45,000 or less
• No other real estate is in the estate, regardless of its value

Formal Administration applies when:

• Probate assets exceed $45,000, or
• The estate contains any standard real property (a house, land, commercial property)

The distinction matters enormously. The small estate process is significantly faster, skips the mandatory four-month creditor waiting period, and costs less in filing fees. If the estate qualifies, use it. If it does not, formal administration is the only path.

Small Estate Forms

Form 700-00001SM — Petition to Open Small Estate

This is the initiating document for any small estate proceeding. It must be filed at the Probate Division of the Superior Court in the county where the decedent resided. Required attachments:

• The original will and any codicils (if the decedent had a will)
• A certified copy of the death certificate
• An Inventory Schedule (Form 700-00030) estimating asset values
• An Affidavit of Paid and Outstanding Funeral Expenses (Form 700-00402) with proof of payment
• A Small Estate Administration Bond (Form 700-00020PESM)
• A written list of interested persons (heirs, creditors, and beneficiaries)

If any interested party has not provided written consent to the small estate proceeding, the court requires a 14-day notice period before acting. If no objections are filed during that window, the court approves the fiduciary appointment without a hearing. If an interested party files an objection, the case may convert to formal administration.

Form 700-00020PESM — Small Estate Administration Bond

This bond secures the fiduciary's actions during the administration. In most small estate cases, the court issues the bond without surety — meaning no third-party bonding company is required — in the amount of the estate's estimated value. The court can require surety if it has concerns about the fiduciary's suitability.

Form 700-00402 — Affidavit of Paid and Outstanding Funeral Expenses

Required for small estates, this affidavit certifies the status of funeral debts. It must be accompanied by a paid receipt from the funeral home confirming that primary funeral expenses have been settled (or an itemized list of what remains outstanding).

Formal Administration Forms

Form 700-00001 — Petition to Open Decedent's Estate

This is the initiating document for formal probate. It identifies the decedent, the petitioner, the estimated estate value, and whether a will exists. Filing the petition is what starts the court's clock.

Required attachments are similar to the small estate petition: original will (if any), certified death certificate, and the initial list of interested persons. The Inventory Schedule is a separate subsequent filing, due after appointment.

Form 700-00030 — Inventory Schedule

This is one of the most time-sensitive documents in Vermont probate. The executor must file the Inventory Schedule within 30 days of being appointed by the court. It provides a line-by-line valuation of every probate asset at fair market value as of the date of death.

Late filing can trigger court scrutiny, and if the inventory reveals that the estate is worth more than the original petition disclosed, the executor must remit the difference in filing fees based on the tiered fee schedule.

Form 700-00026 — Appointment of Resident Agent

If the executor lives outside Vermont, this form must be filed before the court will issue Letters of Administration. Vermont requires non-resident executors to designate a Vermont-resident agent who can accept service of legal process on behalf of the estate. The resident agent does not have to be an attorney — any Vermont resident will do — but the appointment must be formalized in writing and filed with the court.

This requirement catches out-of-state adult children off guard frequently. Vermont has many retirees whose children have relocated; executors who do not file the resident agent form before submitting the main petition will have their filing rejected.

Form 700-00035 / PE35 — Motion for License to Sell or Convey Real Estate

If the executor needs to sell real property during the probate case — whether to pay debts, satisfy a bequest, or liquidate an asset — this motion is required. The court will only grant the license after receiving sworn consent from all heirs, surviving spouses, and beneficiaries, confirming that no interested party objects to the sale.

The court may also require the posting of an additional surety bond to protect the estate's creditors during the liquidation of the real asset.

Tax-Related Forms (Not Court Forms, But Required)

These forms are issued by the Vermont Department of Taxes and are required before the probate court can close the estate.

Form E-2A — Application for Tax Clearance

This is the form that allows the court to issue its final decree of distribution. The Vermont Probate Division cannot close an estate without a Tax Clearance from the Vermont Department of Taxes. Form E-2A proves that all required tax returns have been filed and all liabilities satisfied, including:

• The decedent's final personal income tax return (Form IN-111)
• The fiduciary income tax return (Form FIT-161) for any income generated during administration
• The Vermont Estate Tax Return (Form EST-191) if the estate exceeded $5,000,000

Form EST-191 — Vermont Estate Tax Return

Required only if the gross estate plus adjusted taxable gifts within two years of death exceeds $5,000,000. Vermont imposes a 16% flat tax on the value above the exemption, with a nine-month filing deadline from the date of death.

The Vermont Probate Process: What to Expect from Filing to Closing

The Vermont probate process, in practice, looks like this for a straightforward formal estate:

1. Gather the original will and certified death certificates
2. File the Petition to Open Decedent's Estate (Form 700-00001) with the correct county Superior Court, paying the appropriate fee
3. If out-of-state, file the Appointment of Resident Agent (Form 700-00026) simultaneously
4. Upon appointment, file the Inventory Schedule (Form 700-00030) within 30 days
5. Execute creditor notification protocols and observe the claim period
6. Address any Medicaid estate recovery claims from the Vermont Department of Vermont Health Access
7. File the final individual income tax return and fiduciary income tax return with the Vermont Department of Taxes
8. Obtain Tax Clearance via Form E-2A
9. Prepare and file the final accounting with the court
10. Receive the court's final decree of distribution and executor discharge

Small estates follow a compressed version of this, typically reaching closure within two to four months if no objections arise.

Using the Forms Effectively

Vermont probate forms are available without charge, and the court's procedural booklet (Form 700-00302, "Probating a Vermont Estate") explains the court's own process. But the booklet explicitly notes that it does not constitute legal advice and that it only addresses the court's procedures — not the DMV, the town clerk, Medicaid, or the tax clearance process.

The Vermont Estate Settlement Guide fills those gaps with a complete administrative roadmap: which forms to file where, in what sequence, with agency contact details for the Probate Division, the Department of Taxes, the DMV, and the local town clerk offices where real property transfers are recorded. Vermont's decentralized system requires coordination across multiple agencies simultaneously — the guide organizes that sequencing into a workable chronological checklist.

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