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2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 909. Executor refusing trust or not giving bond

§ 909. Executor refusing trust or not giving bond
A person named as an executor in a will who refuses to accept appointment or neglects for 20 days to give a bond shall not intermeddle or act as executor. If the person refuses to accept or neglects to give a bond, the Probate Division of the Superior Court may grant letters of administration to any other named executor who is capable and willing to accept the appointment and gives bond. If the other named executors fail to accept the appointment or give a bond, the court shall grant letters of administration with the will annexed to one or more suitable persons who would have qualified to be appointed as administrator had the testator died intestate. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 910. When executor is a minor

§ 910. When executor is a minor
When a person named as executor in a will is under age at the time of proving the will, issuance of letters of administration may be granted to another executor named in the will, who accepts appointment and gives the required bond, or to another suitable person if he or she fails to accept appointment or to post bond. A minor who attains the age of legal majority during the estate administration shall not displace the incumbent executor or administrator, but if a vacancy occurs during administration, the former minor may apply to the court for appointment as successor executor or administrator. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 913. Death or removal of executor or administrator

§ 913. Death or removal of executor or administrator
When an executor or administrator dies, resigns, is removed or the executor’s or administrator’s authority is otherwise extinguished, any remaining executor or administrator may complete the administration unless otherwise provided by the will. If there is no other executor or administrator then serving, the court may grant letters of administration to another suitable person. The executor or administrator of an executor or administrator shall not administer the estate of the first decedent. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 914. Power of new administrator

§ 914. Power of new administrator
An administrator appointed in the place of a former executor or administrator shall have the same authority in settling the estate as the former executor or administrator, including the authority to prosecute or defend actions commenced by or against the former executor or administrator, and the new administrator may revive actions and have execution on judgments recovered in the name of the former executor or administrator on behalf of the estate. (Amended 1971, No. 185 (Adj. Sess.), § 171, eff. March 29, 1972; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 915. Appointment of administrator to act with survivor

§ 915. Appointment of administrator to act with survivor
When an executor or administrator dies, resigns, is removed or authority is otherwise extinguished, leaving a remaining executor or administrator, administration may be granted to some suitable person, to serve with the remaining executor or administrator, upon motion of any person interested in the estate of the deceased. (Amended 1985, No. 144 (Adj. Sess.), § 40; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 916. Powers of administrator appointed to act with survivor

§ 916. Powers of administrator appointed to act with survivor
An executor or administrator appointed under section 915 of this title shall have the same authority as the remaining executor or administrator and may prosecute or defend actions commenced by or against the former executor or administrator and may revive actions and have execution on judgments recovered in the name of the former executor or administrator on behalf of the estate. (Amended 1971, No. 185 (Adj. Sess.), § 172, eff. March 29, 1972; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 917. Power of regulation

§ 917. Power of regulation
The Probate Division of the Superior Court shall regulate the conduct of persons appearing in proceedings or involved in the administration of estates or other matters within the court’s jurisdiction. When it appears to the court that a person has failed to comply with procedures required by law or the Rules of Probate Procedure, or that an estate is not being promptly and properly administered, or that a fiduciary is incapable or unsuitable to discharge the trust, the court may give notice of the complaint or omission together with a notice to correct the deficiency or complaint within a specified period of time or cause the party to appear and answer the matter. Notice shall be given as provided by the Rules of Probate Procedure. The court may restrain a person from performing specified acts or the exercise of any powers or discharge of any duties of office, or make any other order to secure proper performance of duty. It may exercise the powers of contempt; tax costs, including surcharge; order a party to pay to other parties the amount of reasonable expenses, including reasonable attorney’s fees, or losses incurred because of an act or omission; and remove or suspend a fiduciary. (Amended 1985, No. 144 (Adj. Sess.), § 41; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 917a. Termination of appointment

§ 917a. Termination of appointment
(a) Termination of appointment of an executor or administrator ends the rights and powers pertaining to the office as conferred by law, the Rules of Probate Procedure, or any will or trust. Termination does not discharge an executor or administrator from liability for transactions or omissions occurring before termination, or relieve the executor or administrator of the duty to preserve assets subject to the executor’s or administrator’s control, or to account for and deliver assets. Termination does not affect the jurisdiction of the Probate Division of the Superior Court over the fiduciary, but terminates the estate fiduciary’s authority.
(b) The appointment of an executor or administrator is terminated:
(1) upon death;
(2) when the estate is closed as provided by the Rules of Probate Procedure;
(3) after resignation upon the appointment of a successor estate fiduciary and delivery of the assets to the successor; or
(4) upon removal by the Probate Division of the Superior Court. (Added 1985, No. 144 (Adj. Sess.), § 42; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 918. One of the coexecutors disqualified, others may act

§ 918. One of the coexecutors disqualified, others may act
When coexecutors appointed in a will cannot act as such, those who can act may be appointed to administer the estate. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 919. Persons unheard from for five years; settlement of estate

§ 919. Persons unheard from for five years; settlement of estate
When a person is absent and unheard from for five years or when a certificate of presumed death of a person has been issued under 18 V.S.A. § 5219, that person’s estate shall be subject to administration by the Probate Division of the Superior Court. If a will exists, the will shall be presented to the court and may be allowed and the estate closed thereunder. If no will is found, the court having jurisdiction of the estate may grant letters of administration thereof and proceed with the estate as in the settlement of intestate estates. Distribution of the estate shall not be made until five years after the granting of administration or letters testamentary. Before granting an order for distribution or for payment of legacies named in any will that may have been allowed, the court shall require from the legatees or distributees a bond or bonds with sufficient surety to the court, which may take into account the likelihood of the reappearance of the person presumed deceased, conditioned to return the amount distributed or paid with lawful interest thereon to the person so absent and unheard from upon reappearance and demand for the same. If the distributee or legatee is unable to give the security required by this section, the same shall be placed at interest upon security approved by the court or by the executor or administrator, as the case may be, and the interest shall be paid annually to the distributee or legatee and the estate shall remain at interest until the Probate Division of the Superior Court by which the letters of administration or letters testamentary were granted shall order it paid to the legatees or distributees. Upon motion, an order shall not be made permitting payment or distribution without the security required by this section until at least seven years have elapsed since the granting of letters testamentary or of administration on the estate of the supposed decedent. (Amended 1985, No. 144 (Adj. Sess.), § 43; 1989, No. 236 (Adj. Sess.), § 2, eff. June 4, 1990; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 920. Liability of executor; rights on return

§ 920. Liability of executor; rights on return
After the administration and distribution, the executor or administrator shall not be liable to the person so absent and unheard from in any action for the recovery of the estate. If the absent person proves to be alive, he or she shall be entitled to his or her estate notwithstanding a settlement and distribution made pursuant to section 919 of this title, and may bring an action to recover any portion of the estate that anyone received as a result of the settlement and distribution. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 921. Property of persons serving in armed force — Absent persons, conservator

§ 921. Property of persons serving in armed force — Absent persons, conservator
When a person, hereinafter referred to as an absentee, who is serving in or with the U.S. Armed Forces, its allies, or as a crew member of a merchant vessel, has been reported or listed as missing, missing in action, interned, or beleaguered, besieged, or captured by an enemy, and has an interest in any property in this State and has not provided an adequate power of attorney authorizing another to act on the absentee’s behalf in regard to the absentee’s property, the Probate Division of the Superior Court may appoint a conservator to take charge of the absentee’s estate under the supervision and subject to the further orders of the court. The appointment may be made upon a petition alleging the foregoing facts, showing the necessity of providing for the care of property, and may be brought by any person who would have an interest in the property if the absentee were deceased, or on the court’s own motion. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. (Amended 1985, No. 144 (Adj. Sess.), § 44; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 922. Powers of conservator; bond

§ 922. Powers of conservator; bond
The Probate Division of the Superior Court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make reports the court may deem necessary. The conservator shall have the same powers and authority as the guardian of the property of a minor or incapacitated person. (Amended 1985, No. 144 (Adj. Sess.), § 45; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 923. Termination of conservatorship

§ 923. Termination of conservatorship
At any time upon motion signed by the absentee, or of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the Probate Division of the Superior Court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a conservator it shall appear that the absentee has died and an executor or administrator has been appointed for the absentee’s estate, the court shall direct the termination of the conservatorship, an accounting therein, and the transfer of all property of the deceased absentee held thereunder to the executor or administrator. (Amended 1985, No. 144 (Adj. Sess.), § 46; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 924. Revocation of letters of administration—When will discovered

§ 924. Revocation of letters of administration—When will discovered
When, after granting letters of administration of the estate of a person as if dying intestate, a will of the deceased person is allowed, the letters of administration shall be revoked and the powers of the administrator cease, the letters of administration shall be surrendered, and an accounting shall be filed as the Probate Division of the Superior Court directs. (Amended 1985, No. 144 (Adj. Sess.), § 47; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 925. Powers of executor of discovered will

§ 925. Powers of executor of discovered will
In such case, the executor of the will may demand, sue for, and collect the goods, chattels, rights, and credits of the deceased remaining unadministered, and may prosecute to final judgment actions commenced by the administrator before the revocation of his or her letters of administration. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 926. Revocation of letters not to avoid acts under them

§ 926. Revocation of letters not to avoid acts under them
Before the revocation of his or her letters testamentary or of administration, the acts of an executor or administrator shall be valid the same as if revocation had not been made. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 927. Executor or administrator of deceased partner—access to books

§ 927. Executor or administrator of deceased partner—access to books
The executor or administrator of a deceased partner at all times shall have access to and make examination and take copies of the books and papers relating to the partnership business, and at all times shall have the right to examine and make invoices of the property belonging to the partnership. The surviving partner or partners, on request, shall exhibit to him or her all the books, papers, and property in their hands or control. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 928. Probate Division of the Superior Court may compel compliance

§ 928. Probate Division of the Superior Court may compel compliance
The Probate Division of the Superior Court in which is pending a proceeding for the settlement of the estate of a deceased partner, on motion of the executor or administrator, may cite a surviving partner or partners before it, and, by a proper order or decree, compel the granting of the rights given in section 927 of this title and may enforce an order or decree by issuing its warrant to commit the partner or partners to the custody of the Commissioner of Corrections until compliance is given. (Amended 1985, No. 144 (Adj. Sess.), § 48; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 929. Buildings to be kept in repair

§ 929. Buildings to be kept in repair
An executor or administrator shall maintain in tenantable repair the houses, buildings, and fences belonging to the estate and deliver the same in such repair to the heirs or devisees when directed by the Probate Division of the Superior Court. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 931. Limitation on claims of creditors

§ 931. Limitation on claims of creditors
All claims against the decedent’s estate that arose before the death of the decedent, including claims of the State and any subdivision thereof, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the estate, the legal representative of the estate, and the heirs and devisees of the decedent, unless presented within one year after the decedent’s death. Nothing in this section affects or prevents any proceeding to enforce any mortgage, pledge, or other lien upon the property of the estate. (Added 1973, No. 228 (Adj. Sess.), § 1, eff. April 3, 1974; amended 1985, No. 144 (Adj. Sess.), § 49; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 66 - Settlement of Claims › § 1205. Classification of claims

§ 1205. Classification of claims
(a) If the applicable assets of the estate are insufficient to pay all claims in full, the executor or administrator shall make payment in the following order:
(1) costs and expenses of administration;
(2) reasonable funeral, burial, and headstone expenses, and perpetual care, not to exceed $3,800.00 exclusive of governmental payments, and reasonable and necessary medical and hospital expenses of the last illness of the decedent, including compensation of persons attending him or her;
(3) wages due employees which have been earned within three months prior to the death of the decedent, not to exceed $300.00 to each claimant;
(4) all other claims; including the balance of wages due but unpaid under subdivision (3) of this subsection.
(b) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due but the same shall be prorated if there are insufficient assets to satisfy all claims within the class. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 2003, No. 128 (Adj. Sess.), § 1, eff. May 24, 2004.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 66 - Settlement of Claims › § 1206. Allowance of claims

§ 1206. Allowance of claims
(a) As to claims presented in the manner described in section 1204 of this title within the time limit prescribed in section 1203 of this title, the executor or administrator shall, if a claim is disallowed, mail a notice to any claimant stating that the claim has been disallowed. If, after allowing or disallowing a claim, the executor or administrator changes his or her decision concerning the claim, he or she shall notify the claimant. The executor or administrator may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has run and the claim has been barred. Every claim which is disallowed in whole or in part by the executor or administrator is barred so far as not allowed unless the claimant files a petition for allowance in the court or commences a proceeding against the executor or administrator not later than 60 days after the mailing of the notice of disallowance or partial allowance if the notice warns the claimant of the impending bar. Failure of the executor or administrator to mail notice to a claimant of action on his claim for 60 days after the time for original presentation of the claim not otherwise barred has expired shall have the effect of allowance.
(b) Upon motion of the executor or administrator or petition of a claimant, the Probate Division of the Superior Court may allow in whole or in part any claim or claims timely presented. Notice in this proceeding shall be given as provided by the Rules of Probate Procedure.
(c) A judgment in a proceeding in another court against an executor or administrator to enforce a claim against a decedent’s estate is an allowance of the claim.
(d) By agreement between a claimant and the executor or administrator, a claim may be referred to one or more arbitrators, chosen either by the claimant and the executor or administrator, or, if they so request, by the Probate Division of the Superior Court. The decision of the arbitrator shall be final and binding.
(e) Unless otherwise provided in any judgment in another court entered against the executor or administrator, allowed claims bear interest at the legal rate for the period commencing 60 days after the time for original presentation of claim has expired unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 61; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 66 - Settlement of Claims › § 1207. Payment of claims

§ 1207. Payment of claims
(a) Upon the expiration of four months from the date of the first publication of the notice to creditors, the executor or administrator shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision for homestead, family, and support allowances, for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for the purpose, a claimant whose claim has been allowed but not paid as provided herein may secure an order directing the executor or administrator to pay the claim to the extent that funds of the estate are available for the payment.
(b) The executor or administrator at any time may pay any just claim that has not been barred, with or without formal presentation, but he or she personally liable to any other claimant whose claim is allowed and who is injured by such payment if:
(1) the payment was made before the expiration of the time limit stated in subsection (a) of this section and the executor or administrator failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or
(2) the payment was made, due to the negligence or willful fault of the executor or administrator, in such manner as to deprive the injured claimant of his or her priority. (Added 1975, No. 240 (Adj. Sess.), § 7.)