reglab/housing_qa huggingface dataset:
14 V.S.A. § 961
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 961. Special administrator; appointment when estate jeopardized; conduct of business

§ 961. Special administrator; appointment when estate jeopardized; conduct of business|When the interests of the estate of a deceased person will be jeopardized by the delay intervening between death and the appointment of an administrator or executor, the Probate Division of the Superior Court may, upon motion of an heir or next of kin, appoint a special administrator to act until an administrator or executor is appointed and qualified. The special administrator may continue operation of the business conducted by the deceased, including application for and operating under the transfer of any license held by the deceased for the dispensing of alcoholic beverages. (Amended 1985, No. 144 (Adj. Sess.), § 50; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 962
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 962. Appointment in case of delay

§ 962. Appointment in case of delay|When there is delay in granting letters testamentary or of administration, occasioned by an appeal from the allowance or disallowance of a will, or from other cause, the Probate Division of the Superior Court may appoint a special administrator to act in collecting and taking charge of the estate of the deceased until the questions causing the delay are decided and an executor or administrator is appointed. An appeal shall not be allowed from the appointment of a special administrator. (Amended 1985, No. 144 (Adj. Sess.), § 51; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 963
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 963. Powers

§ 963. Powers|A special administrator shall collect the goods, chattels, and credits of the deceased and preserve the same for the executor or administrator afterwards appointed and for that purpose may commence and maintain actions as an administrator and may sell perishable and other personal estate as the Probate Division of the Superior Court orders sold and may allow or deny claims against the estate as otherwise provided by law. (Amended 1985, No. 144 (Adj. Sess.), § 52; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 964
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 964. Liability for debts

§ 964. Liability for debts|A special administrator shall not be liable to an action by a creditor or to pay any debts of the deceased. With the consent of the Probate Division of the Superior Court, he or she may pay the expenses of the last sickness and the funeral expenses of the deceased and any bills against the estate of the deceased of his or her own contracting. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 965
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 965. Bond

§ 965. Bond|Before entering upon the duties of his or her trust, a special administrator shall give a bond as the court directs, conditioned that he or she will make and return a true inventory of the goods, chattels, rights, credits, and effects of the deceased that come to his or her possession or knowledge, and that he or she will truly account for such as are received by him or her, when required by the Probate Division of the Superior Court, and will deliver the same to the person afterwards appointed executor or administrator or to a person authorized to receive the same. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 966
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 61 - Executors and Administrators|§ 966. Powers to cease, when

§ 966. Powers to cease, when|Upon granting letters testamentary or of administration on the estate of the deceased, the powers of the special administrator shall cease. He or she shall forthwith deliver to the executor or administrator the goods, chattels, monies, and effects of the deceased in his or her hands, and the executor or administrator may prosecute to final judgment actions commenced by the special administrator. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
14 V.S.A. § 1051
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1051. Inventory

§ 1051. Inventory|Within 60 days after appointment, an executor or administrator, who is not a special administrator or a successor to another representative who has previously discharged this duty, shall prepare an inventory of property owned by the decedent at the time of death, listing it with reasonable detail, and indicating as to each listed item, its fair market value as of the date of the decedent's death, and the type and amount of any lien or encumbrance that may exist with reference to any item. The executor or administrator shall file the original of the inventory with the Probate Division of the Superior Court, and shall serve copies as provided by the Rules of Probate Procedure. The time for filing the inventory may be extended by the court for good cause. (Amended 1975, No. 240 (Adj. Sess.), § 2; 1985, No. 144 (Adj. Sess.), § 53; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1052
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1052. Appraisers

§ 1052. Appraisers|The executor or administrator may employ one or more qualified and disinterested appraisers to assist in ascertaining the fair market value as of the date of the decedent's death of any assets the value of which may be subject to reasonable doubt. The names and addresses of any appraisers shall be indicated on the inventory with the item or items appraised. (Amended 1975, No. 240 (Adj. Sess.), § 3; 1985, No. 144 (Adj. Sess.), § 54; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1053
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1053. Supplemental inventory

§ 1053. Supplemental inventory|(a) If the executor or administrator learns of the existence of any property not included in the original inventory or learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the executor or administrator shall:  (1) make a supplementary inventory or appraisal showing the market value as of the date of the decedent's death of the new item or the revised market value or descriptions, and the appraisals or other data relied upon, if any; and (2) file the supplementary inventory or appraisal with the court and serve copies of it as provided by the Rules of Probate Procedure.   (b) Upon motion filed within 30 days after the filing of an original or supplemental inventory by any creditor having a claim of more than $1,000.00, or by any heir, devisee, or legatee entitled to property or cash of value of more than $500.00 on distribution of the estate, the court shall hold a hearing and may appoint one or more special appraisers to reappraise any item of property reported in the inventory or to appraise any property omitted from the inventory. (Added 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1054
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1054. Assets not inventoried

§ 1054. Assets not inventoried|Wearing apparel of the deceased or any other member of the household, and provisions and other articles to be consumed or used in the subsistence of the household, shall not be considered as assets of the estate unless, after hearing upon motion, the court finds that an item has intrinsic value in addition to its value for wear or subsistence, or that its inclusion in inventory would otherwise benefit the estate. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1055
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1055. Accounts of executors and administrators; time of rendering; examination

§ 1055. Accounts of executors and administrators; time of rendering; examination|An executor or administrator shall render an account of his or her administration within one year from the time of receiving letters testamentary or of administration, and annually thereafter, or otherwise as ordered by the Probate Division of Superior Court until the estate is wholly settled. The fiduciary may be examined on oath upon any matter relating to the account. (Amended 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1056
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1056. Liability on bond for neglect

§ 1056. Liability on bond for neglect|When an executor or administrator, being duly cited by the Probate Division of the Superior Court, neglects to render a required account, the fiduciary shall be liable on the fiduciary's bond for the damages which accrue. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1057
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1057. For what to account

§ 1057. For what to account|The accounting of the executor or administrator shall:  (1) be done on a cash basis; (2) include the balance at the beginning of the period covered by the accounting, all receipts, all payments, and the balance at the end of the period covered by the accounting; and (3) be prepared on forms provided by the court, or on any spreadsheet or generally accepted software format accepted by the court that provides the required information. (Amended 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1058
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1058. Not to gain or lose by increase or decrease in value

§ 1058. Not to gain or lose by increase or decrease in value|An executor or administrator shall not profit by the increase, nor suffer loss by the decrease or destruction, without the fiduciary's fault, of any part of the estate. The executor or administrator shall account for any gain or loss incurred when any property is sold for more or less than the inventory value. (Amended 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1061
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1061. When not accountable for debts due

§ 1061. When not accountable for debts due|An executor or administrator shall not be accountable for debts due the deceased if it appears that they remain uncollected without his or her fault. (Amended 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1062
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1062. Use by executor or administrator

§ 1062. Use by executor or administrator|If an executor or administrator uses or occupies any asset of the estate, the executor or administrator shall account for the use or occupancy upon agreement of the interested parties. If the parties do not agree upon the amount to be allowed, the court shall determine the proper amount, with the assistance of a master at the court's discretion. (Amended 1985, No. 144 (Adj. Sess.), § 55; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1063
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1063. Accountable for losses by neglect

§ 1063. Accountable for losses by neglect|When an executor or administrator neglects or unreasonably delays to raise money by collecting the debts or selling the real or personal estate of the deceased, or neglects to pay over the money the fiduciary has in his or her hands, and the value of the estate is thereby lessened, or unnecessary cost or interest accrues, or the persons interested suffer loss, the same shall be deemed waste, and the damages sustained may be charged and allowed against the fiduciary in the fiduciary's account or the fiduciary shall be liable for the damages on the fiduciary's bond. (Amended 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1064
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1064. Costs to be allowed

§ 1064. Costs to be allowed|The amount paid by an executor or administrator for costs awarded against him or her shall be allowed in the fiduciary account, unless it appears that the action or proceeding in which the costs are taxed was prosecuted or resisted without just cause. (Amended 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1065
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1065. Fees and expenses

§ 1065. Fees and expenses|An executor or administrator shall be allowed necessary expenses in the care, management, and settlement of the estate and reasonable fees for services. When, by will, the deceased makes some other provisions for compensation to the executor, that shall be a full satisfaction for his or her services, unless, by a written instrument filed in the Probate Division of the Superior Court, the executor renounces all claim to the compensation provided by the will, or unless otherwise ordered by the court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1066
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1066. Verification; right of heir to be examined

§ 1066. Verification; right of heir to be examined|An accounting that is consented to by all interested parties shall be allowed without hearing unless the Probate Division of the Superior Court sets a hearing upon the accounting. At the hearing, the executor or administrator may be examined under oath by the court or interested parties. Interested parties may be examined under oath. An account shall not be rejected for de minimis discrepancies unless the court finds good cause to reject the account on that basis. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1067
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1067. Notice of accounting

§ 1067. Notice of accounting|Before an administration account of an executor or administrator is allowed, notice shall be given as provided by the Rules of Probate Procedure. (Amended 1975, No. 240 (Adj. Sess.), § 4; 1985, No. 144 (Adj. Sess.), § 56.)
14 V.S.A. § 1068
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1068. Surety may intervene and appeal

§ 1068. Surety may intervene and appeal|Upon the settlement of the account of an executor, administrator, or other person, a person liable as surety in respect to the account, upon motion, may intervene as a party and may appeal as provided in other cases of appeals from the decision of the Probate Division of the Superior Court. Before the appeal is allowed, the surety shall give a bond to secure the principal from damages and costs and to secure the intervening damages and costs to the adverse party. (Amended 1985, No. 144 (Adj. Sess.), § 57; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1069
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 63 - Inventory, Appraisal, and Accounts|§ 1069. Waiver of final accounting

§ 1069. Waiver of final accounting|If an estate has been open for at least six months and the remaining assets include no real estate, a final accounting may be waived if the executor or administrator files with the court:  (1) the fiduciary's verified representation that all claims and all other obligations of the estate have been satisfied; (2) a schedule of remaining assets to be distributed; (3) a schedule of proposed distribution; (4) a waiver of a final accounting and consent to the proposed distribution by all interested parties; and (5) a tax clearance from the Vermont Department of Taxes. (Added 2017, No. 195 (Adj. Sess.), § 6.)
14 V.S.A. § 1201
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1201. Notice to creditors

§ 1201. Notice to creditors|(a) The Probate Division of the Superior Court may issue an order excusing the executor or administrator from complying with the notice to creditors provisions of the Rules of Probate Procedure when it appears to the court that:  (1) there are no debts existing against the decedent; or (2) that the debts against the decedent are all known to the executor or administrator and there are funds to pay them; or (3) the value of the estate does not exceed the sum of $2,500.00 and is assigned for the support of the surviving spouse.   (b) If notice is not given because an order is entered as provided in subsection (a) of this section, any assets distributed by the administrator or executor will be subject to any claims later established, and sections 1202 and 1203 of this title shall apply, but the executors or administrators will not be liable to distributees for losses to them when required to reimburse creditors. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 58; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
14 V.S.A. § 1202
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1202. Statutes of limitations

§ 1202. Statutes of limitations|Unless an estate is insolvent, the executor or administrator, with the consent of all heirs, devisees, and legatees, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statute of limitations at the time of the decedent's death shall be allowed or paid. The running of any statute of limitations measured from some event other than death and advertisement for claims against a decedent is suspended during the four months following the first publication of notice under section 1201 of this title but resumes thereafter as to claims not barred pursuant to the sections which follow. For purposes of any statute of limitations, the proper presentation of a claim under section 1204 of this title is equivalent to commencement of a proceeding on the claim. (Added 1975, No. 240 (Adj. Sess.), § 7.)
14 V.S.A. § 1203
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1203. Limitations on presentation of claims

§ 1203. Limitations on presentation of claims|(a) All claims against a decedent's estate that arose before the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, except claims for the possession of or title to real estate and claims for injury to the person and damage to property suffered by the act or default of the deceased, if not barred earlier by other statute of limitations, are barred against the estate, the executor or administrator, and the heirs and devisees of the decedent, unless presented as follows:  (1) within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure; provided, however, that claims barred by the nonclaim statute of the decedent's domicile before the first publication for claims in this State are also barred in this State; (2) within one year after the decedent's death, if notice to creditors has not been published or otherwise given as provided by the Rules of Probate Procedure.   (b) All claims against a decedent's estate that arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the executor or administrator, and the heirs and devisees of the decedent, unless presented as follows:  (1) a claim based on a contract with the executor or administrator, within four months after performance by the executor or administrator is due; (2) any other claim, within four months after it arises.   (c) Nothing in this section affects or prevents:  (1) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate; (2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the executor or administrator for which he or she is protected by liability insurance; or (3) the enforcement of any tax liability. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 59; 2017, No. 195 (Adj. Sess.), § 6a; 2019, No. 77, § 20, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 16, eff. October 7, 2020.)
14 V.S.A. § 1204
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 66 - Settlement of Claims|§ 1204. Manner of presentation of claims

§ 1204. Manner of presentation of claims|Claims against a decedent's estate may be presented as follows:  (1) The claimant shall deliver to the executor or administrator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed, and shall file a copy of the claim with the Probate Division of the Superior Court. The claim is deemed presented on the first to occur of receipt of the written statement of claim by the executor or administrator, or the filing of the copy of the claim with the court. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the claim made. (2) The claimant may commence a proceeding against the executor or administrator in any court where the executor or administrator may be subjected to jurisdiction, to obtain payment of the claim against the estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the decedent that were pending at the time of death. (3) If a claim is presented under subdivision (1) of this section, no proceeding thereon may be commenced more than 60 days after the executor or administrator has mailed a notice of disallowance; but, in the case of a claim that is not presently due or that is contingent or unliquidated, the executor or administrator may consent to an extension of the 60-day period, or to avoid injustice, the court, on motion, may order an extension of the 60-day period, but in no event shall the extension run beyond the applicable statute of limitations. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 60; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)