Vermont Probate Form 700-00001SM

Petition To Open Small Estate

Everything you need to know about Vermont Form 700-00001SM, including helpful tips, fast facts & deadlines, how to fill it out, where to submit it and other related VT probate forms.

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About Petition To Open Small Estate

There are all sorts of forms executors, beneficiaries, and probate court clerks have to fill out and correspond with during probate and estate settlement, including affidavits, letters, petitions, summons, orders, and notices.

Petition To Open Small Estate is a commonly used form within Vermont. Here’s an overview of what the form is and means, including a breakdown of the situations when (or why) you may need to use it:

View Form 700-00001SM

VT Form 700-00001SM, which may also referred to as Petition To Open Small Estate, is a probate form in Vermont. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Atticus Fast Facts About Petition To Open Small Estate

Sometimes it’s tough to find a quick summary— here’s the important details you should know about Petition To Open Small Estate:

  • This form pertains to the State of Vermont

  • The official Vermont source for this form is here.

Government forms are not typically updated often, though when they are, it often happens rather quietly. While Atticus works hard to keep this information about ’s Form 700-00001SM - Petition To Open Small Estate up to date, certain details can change from time-to-time with little or no communication.

How to file Form 700-00001SM

Step 1 - Download the correct Vermont form based on the name and ID if applicable

Double check that you have both the correct form name and the correct form ID. Some Vermont probate forms can look remarkably similar, so it’s best to double, even triple-check that you’re using the right one! Keep in mind that not all States have a standardized Form ID system for their probate forms.

Step 2 - Complete the Document

Fill out all relevant fields in Form 700-00001SM, take a break, and then review. Probate and estate settlement processes in VT are long enough to begin with, and making a silly error can push your timeline even farther back. No thank you!

Note: If you don’t currently know all of the answers and are accessing Form 700-00001SM online, be sure to avoid closing the browser tab and potentially losing all your progress (or use a platform like Atticus to help avoid making mistakes).

Step 3 - Have Form 700-00001SM witnessed or notarized (if required)

Some States and situations require particular forms to be notarized. If you have been instructed to get the document notarized or see it in writing on the document, then make sure to hire a local notary. There are max notary fees in the United States that are defined and set by local law. Take a look at our full guide to notary fees to make sure you aren’t overpaying or getting ripped off.

Step 4 - Submit Petition To Open Small Estate to the relevant office

This is most often the local probate court where the decedent (person who passed away) is domiciled (permanently resides) or the institution involved with this particular form (e.g. a bank). Some offices allow you to submit forms online, other’s don’t, and we while we generally recommend going in-person to expedite the process, sometimes that simply isn’t an option.

It’s also a generally good idea to establish a positive working relationship with any probate clerk (unfortunately there’s enough people & process out there making things more difficult and unnecessarily confusing for them), so a best practice is to simply ask the probate clerk proactively exactly how and where they’d prefer you to submit all forms.

Need help getting in touch with a local probate court or identifying a domicile probate jurisdiction?

👉 Find and Contact your Local Probate Court

👉 What is a Domicile Jurisdiction?

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When Petition To Open Small Estate is due

Different probate forms or processes can require different deadlines or response times for completing the appropriate form.

While some steps in the process are bound to specific deadlines (like petitioning for probate, having to submit an inventory of assets, or filing applicable notices to creditors and beneficiaries), many probate forms or processes are not tied to a specific deadline since the scope of work can vary based on situational factors or requirements involved.

Either way, there are a bunch of practical reasons why personal representatives should work to complete each step as thoroughly and quickly as possible when completing probate in Vermont.

5 reasons you should submit 700-00001SM as quickly as possible:

  1. The sooner you begin, the faster Vermont can allow heirs and beneficiaries to get their share of assets subject to probate. Acting promptly can also decrease the costs & overall mental fatigue through an otherwise burdensome process.

    Helpful Context: What’s the Difference Between Probate and Non-Probate Assets?

  2. In general, creditors of an estate usually have around 3-6 months from the time you file notice to creditors to file any claims for debt against the deceased’s assets. If they don’t, then that debt is forfeited (and more importantly, the executor won’t be held personally responsible). So doing this sooner means you have a better idea of who is owed what and ensures you won’t get a surprise collector months later.

  3. Not filing a will within 30 days (on average) could mean that the probate process proceeds according to intestate laws (laws that govern what happens to someone's stuff without a will) or is subject to unnecessary supervision by the probate court. And if you aren't directly related to the deceased (a.k.a. next of kin), this could also mean you lose your inheritance.

  4. It’s important to file any necessary state tax returns on behalf of the deceased or estate by the following tax season in Vermont. If you don’t, you could owe penalties and interest. This also includes any necessary federal tax returns such as Forms 1040, 1041, or even a Form 706 estate tax return.

  5. If a house in the State of Vermont is left empty (or abandoned) for a while, insurance can get dicey. For example, if the house burns down and no one has been there for a year, an insurance company may get out of paying your claim.

If you’re not using Atticus to get specific forms, deadlines, and timelines for Vermont probate, then try and stay as organized as possible, pay close attention to the dates mentioned in any correspondence you have with the State’s government officials, call the local Vermont probate clerk or court for exact answers regarding Form 700-00001SM, and when in doubt— consult a qualified trust & estates lawyer for that area.

How to Download, Open, and Edit Form 700-00001SM Online

Petition To Open Small Estate is one of the many probate court forms available for download through Atticus.

It may also be available through some Vermont probate court sites, such as . In order to access the latest version, be updated with any revisions, and get full instructions on how to complete each form, check out the Atticus Probate & Estate Settlement software or consider hiring a qualified legal expert locally within Vermont.

While Atticus automatically provides the latest forms, be sure to choose the correct version of Form 700-00001SM - Petition To Open Small Estate f using any other site or resource in order to avoid having to re-complete the form process and/or make another trip to the Vermont probate court office.

Petition To Open Small Estate is a .pdf, so opening it should be as simple as clicking “View Form” from within the Atticus app or by clicking the appropriate link found on any Vermont-provided government platform. Once you’ve opened the form, you should be able to directly edit the form before saving or printing.

View Form 700-00001SM

VT Form 700-00001SM, which may also referred to as Petition To Open Small Estate, is a probate form in Vermont. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.

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Did you know?

  • Form 700-00001SM - Petition To Open Small Estate is a probate form in Vermont.

  • Vermont has multiple types of probate and the necessary forms depend on the unique aspects of each estate, such as type and value of assets, whether there was a valid will, who is serving as the personal representative or executor, and even whether or not they also live in Vermont.

  • During probate, all personal representatives and executives in are required to submit a detailed inventory of assets that must separate non-probate assets from probate assets.

  • Probate in Vermont, especially without guidance, can take years to finish and cost upwards of $14,000.

Frequently Asked Questions about Petition To Open Small Estate

Probate is the government’s way of making sure that when a person dies, the right stuff goes to the right people (including the taxes the government wants).

All of that stuff is collectively known as someone’s “estate”, and it’s the job of the executor or personal representative to fill out all the forms and complete all the required steps to formally dissolve the estate. 

To get instant clarity on the entire probate process and get an idea of the steps, timeline, and best practices, read the Atticus Beginner’s Guide to Probate

The best place? Create an account in Atticus to start getting estate-specific advice. 

You may need a lawyer, you may not, and paying for one when you didn’t need it really hurts. Atticus makes sure you make  the best decisions (plus you can write it off as an executor expense).

We’ve also created a list of other probate services. Be sure to check it out!

An executor is named in someone’s will, and if the deceased didn’t have a will, then the spouse or other close family relative usually steps up to fulfill the role. If no one wants to do it, then a judge will appoint someone. 

The executor is responsible for the complete management of the probate process, including major responsibilities such as:

  • Creating an inventory of all probate assets.

  • Filling out all necessary forms

  • Paying off all estate debts and taxes

  • Submitting reports to the court and beneficiaries as requested

And much more. This process often stretches longer than a year. 

For an idea of what separates executors who succeed from those who make this way harder than it should be, visit our article, Executors of an Estate:
What they do & secrets to succeeding
.

The Exact Text on Form 700-00001SM

Here’s the text, verbatim, that is found on Vermont Form 700-00001SM - Petition To Open Small Estate. You can use this to get an idea of the context of the form and what type of information is needed.

700-00001SM – Petition to Open Small Estate (04/2021) Page 1 of 2 STATE OF VERMONT SUPERIOR COURT PROBATE DIVISION Unit Docket No. In re ESTATE of: PETITION TO OPEN SMALL ESTATE 14 V.S.A. Ch. 81 __________________________________ was a resident of ______________________________________ Decedent Town/State and died on ________________________ leaving personal property valued at $45,000 or less and no real estate. Decedent left: ☐ No known Last Will and Testament OR ☐ Last Will and Testament dated _______________________ ☐ Codicil(s) to the Will, if any, dated ____________________ Attached are: 1. Filing fee; checks or money orders payable to Vermont Superior Court, 2. Original or Certified copy of the death certificate, 3. List of Interested Persons (form 700-00002), 4. ORIGINAL Will and Codicils, if any, 5. Inventory of the estate, including information or estimates available at the time of filing (form 700-00030), 6. Affidavit of paid and outstanding funeral expenses and any other known or reasonably ascertainable debts of the decedent (form 700-00402), 7. Bond without surety in the amount of the fair market value of the estate. Petitioner requests a small estate be opened and the following named person be appointed to administer the estate: _______________________________________________________________________ Proposed Executor/Administrator _______________________________________________________________________ Mailing Address ___________________________________ /___________________________________ Telephone Email ☐ This is the person named as executor in the Will. ACCEPTANCE OF APPOINTMENT I accept the appointment as Executor/Administrator and ask that the appointment documents be issued to me at the address above. _______________________________ ______________________________________________ Date Signature of Executor/Administrator 700-00001SM – Petition to Open Small Estate (04/2021) Page 2 of 2 CONSENT OF SURVIVING SPOUSE, IF ANY, AND CONSENT OF ALL HEIRS AT LAW Please note that 14 V.S.A. Section 107(a) provides that if Consents are filed with the Court from all the heirs at law and the surviving spouse, if any, then a Will may be allowed without a hearing. If all consents are not obtained, then the Court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. We, the surviving spouse, if any, and the heirs at the law of the decedent, consent to the Allowance of the Will, if any, the Petition to Open Decedent’s Estate and the appointment of the above as Executor/Administrator. I acknowledge I have been served with the Petition to Open Decedent’s Estate in the above entitle action, including all papers referred to in the Petition. I waive the right to object to any action of the Court, regarding the Petition referred to above, and I waived the requirements for a Hearing regarding such Petition. Signature Print Name Date _________________________________ _________________________ _____________________ _________________________________ _________________________ _____________________ _________________________________ _________________________ _____________________ _________________________________ _________________________ _____________________ _________________________________ _________________________ _____________________ _________________________________ _________________________ _____________________ _________________________________ _________________________ _____________________ Petitioner’s signature must be notarized. _______________________________________ ____________________________________________ Date Signature of Petitioner _______________________________________________________________________________________ Mailing Address _____________________________________________ / ________________________________________ Telephone Email Signed and sworn to before me: Date Signature of Notary Public Expiration Date

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