reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 3 - Probate and Procedure for Construction of Wills › § 118. Referral to Superior Court

§ 118. Referral to Superior Court
The Probate Division of the Superior Court may, on its own motion or upon motion of an interested person, refer a matter directly to the Civil Division of the Superior Court for the purpose of conserving judicial resources. The Probate Division shall consult with and obtain the consent of the Civil Division before making a transfer pursuant to this section. A decision of the Civil Division whether to consent to a transfer under this section shall be final and shall not be appealed. (Added 2017, No. 195 (Adj. Sess.), § 2.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 131. Definitions

§ 131. Definitions
As used in this chapter:
(1) “International will” means a will executed pursuant to the requirements of this chapter.
(2) “Authorized person” and “person authorized to act in connection with international wills” means a person who is authorized to supervise the execution of international wills pursuant to this chapter or federal law, including a member of the diplomatic and consular service of the United States designated by Foreign Service Regulations. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 132. Validity

§ 132. Validity
(a) A will made in the form of an international will in compliance with the requirements of this chapter shall be valid with regard to form, irrespective of the place where it is made, the location of the assets, or the nationality, domicile, or residence of the testator.
(b) The invalidity of a will as an international will shall not affect its formal validity as a will of another kind.
(c) This chapter shall not apply to the form of testamentary dispositions made by two or more persons in one instrument. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 133. Requirements

§ 133. Requirements
(a) An international will shall comply with the following requirements:
(1) The will shall be in writing. It need not be written by the testator, and may be written in any language, by hand or by any other means.
(2) The testator shall declare in the presence of two or more witnesses and of a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows its contents. The testator is not required to inform the witnesses or the authorized person of the contents of the will.
(3) The testator shall sign the will in the presence of the witnesses and the authorized person. If the testator has previously signed the will, the testator shall acknowledge his or her signature in the presence of the witnesses and the authorized person.
(4) If the testator is unable to sign, the absence of his or her signature shall not affect the validity of the international will if the testator indicates the reason for his or her inability to sign and the authorized person notes it in the will. Although it is not required, in such cases any other person present, including the authorized person or one of the witnesses, may at the direction of the testator sign the testator’s name for him or her. If another person signs for the testator, the authorized person shall note it in the will.
(5) The witnesses shall attest the will by signing it in the presence of the testator and each other. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 134. Other points of form

§ 134. Other points of form
(a) The signatures shall be placed at the end of the will. If the will consists of more than one sheet, each sheet shall be numbered and signed by the testator or, if he or she is unable to sign, by the person signing on the testator’s behalf. If no person signs on the testator’s behalf, the authorized person shall sign each sheet.
(b) The date of the will shall be the date of its signature by the authorized person, who shall note the date at the end of the will.
(c) The authorized person shall ask the testator whether he or she wishes to make a declaration concerning the safekeeping of the testator’s will. If the testator makes such a declaration, the place where he or she intends to have his or her will kept shall be stated in the authorized person’s certificate required by section 135 of this title.
(d) A will executed in compliance with section 133 of this title shall not be invalid because it does not comply with this section. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 135. Certificate

§ 135. Certificate
(a) The authorized person shall sign and attach to the will a certificate establishing that there has been compliance with the requirements of this chapter for valid execution of an international will. The authorized person shall keep a copy of the certificate and deliver another copy to the testator.
(b) The certificate required by this section shall be in substantially the following form:
CERTIFICATE OF AUTHORIZED PERSON
(SIGNATURE, DATE AND PLACE OF EXECUTION)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 136. Effect of certificate

§ 136. Effect of certificate
In the absence of contrary evidence, a certificate by an authorized person that complies with the requirements of section 135 of this title shall be conclusive as to the formal validity of the instrument as a will under this chapter. The absence or irregularity of a certificate by an authorized person shall not affect the validity of a will under this chapter. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 138. Source and construction

§ 138. Source and construction
Sections 131-137 of this chapter are derived from the Annex to the Convention on Providing a Uniform Law on the Form of an International Will, October 26, 1973. When interpreting and applying this chapter, courts shall be guided by its international origin and by the need for uniformity in its interpretation. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 4 - International Wills › § 139. Authorized persons

§ 139. Authorized persons
A person who is admitted in good standing and has an active law license to practice law in this State shall be an authorized person in relation to international wills. (Added 2019, No. 11, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 5 - Notice, Parties, and Representation in Estate Litigation and Other Matters › § 202. When parties bound by others

§ 202. When parties bound by others
In judicial proceedings involving trusts under this title or estates of decedents, minors, or persons under guardianship, the following apply:
(1) Persons are bound by orders binding others in the following cases:
(A) Orders binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, bind other persons to the extent their interests (as objects, takers in default, or otherwise) are subject to the power.
(B) To the extent there is no conflict of interest between them or among persons represented, orders binding a guardian bind the person whose estate he or she controls; orders binding a trustee bind beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a prior fiduciary and in proceedings involving creditors or other third parties; and orders binding a personal representative bind persons interested in the undistributed assets of a decedent’s estate in actions or proceedings by or against the estate. If there is no conflict of interest and no guardian has been appointed, a parent may represent his or her minor child.
(C) An unborn or unascertained person who is not otherwise represented is bound by an order to the extent his or her interest is adequately represented by another party having a substantially identical interest in the proceeding.
(2) At any point in a proceeding, a Probate Division of the Superior Court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
(3) Parties shall be those persons so defined by the Rules of Probate Procedure. (Added 1975, No. 240 (Adj. Sess.), § 6; amended 1985, No. 144 (Adj. Sess.), § 24; 2009, No. 20, § 6; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 5 - Notice, Parties, and Representation in Estate Litigation and Other Matters › § 203. Probate proceedings; service; jurisdiction over persons

§ 203. Probate proceedings; service; jurisdiction over persons
In proceedings within the exclusive jurisdiction of the Probate Division of the Superior Court where notice is required, interested persons may be bound by the orders of the court in respect to property in or subject to the laws of this State by notice in conformity with law or the Rules of Probate Procedure. An order is binding as to all who are given notice of the proceeding though less than all interested persons are notified. (Added 1975, No. 240 (Adj. Sess.), § 6; amended 1985, No. 144 (Adj. Sess.), § 25; 2009, No. 154 (Adj. Sess.), § 121, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 5 - Notice, Parties, and Representation in Estate Litigation and Other Matters › § 204. Definitions

§ 204. Definitions
As used in this title:
(1) “Interested person” includes heirs, devisees, legatees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, or person under guardianship that may be affected by the proceeding. It also includes persons having priority for appointment as executor or administrator, and other fiduciaries representing interested persons. The parties at commencement of a probate proceeding shall include all interested persons. The meaning as it relates to particular persons may vary from time to time and shall be determined by the Rules of Probate Procedure.
(2) “Fiduciary” includes executor, administrator, special administrator, trustee, conservator, guardian of a minor, guardian of a spendthrift, voluntary guardian of a person who has an infirmity and total or limited guardian of an adult with a developmental disability, but excludes one who is merely a guardian ad litem.
(3) “Special fiduciary” means an individual appointed as provided by the Rules of Probate Procedure to assume the duties of a fiduciary suspended by the court.
(4) “Executor” includes administrator with the will annexed. (Added 1975, No. 240 (Adj. Sess.), § 6; amended 1985, No. 144 (Adj. Sess.), § 26; 2013, No. 96 (Adj. Sess.), § 62.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 301. Intestate estate

§ 301. Intestate estate
(a) Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs, except as modified by the decedent’s will.
(b) A decedent’s will may expressly exclude or limit the right of an individual or a class to inherit property. If such an individual or member of such a class survives the decedent, the share of the decedent’s intestate estate that would have passed to that individual or member of such a class passes subject to any such limitation or exclusion set forth in the will.
(c) Nothing in this section shall preclude the surviving spouse of the decedent from making the election and receiving the benefits provided by section 319 of this title. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 302. Dower and curtesy abolished

§ 302. Dower and curtesy abolished
The estates of dower and curtesy are abolished. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 303. Afterborn heirs

§ 303. Afterborn heirs
For purposes of this chapter and chapter 1 of this title relating to wills, an individual in gestation at a particular time is treated as living at that time if the individual lives 120 hours or more after birth. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 311. Share of surviving spouse

§ 311. Share of surviving spouse
After payment of the debts, funeral charges, allowances to the surviving spouse and children pursuant to sections 316 and 317 of this title, and expenses of administration, the intestate share of the decedent’s surviving spouse is as follows:
(1) The surviving spouse shall receive the entire intestate estate if no descendant of the decedent survives the decedent or if all of the decedent’s surviving descendants are also descendants of the surviving spouse.
(2) In the event there shall survive the decedent one or more descendants of the decedent who are not descendants of the surviving spouse and are not excluded by the decedent’s will from inheriting from the decedent, the surviving spouse shall receive one-half of the intestate estate. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 312. Surviving spouse to receive household goods

§ 312. Surviving spouse to receive household goods
Upon motion, the surviving spouse of a decedent may receive out of the decedent’s estate all furnishings and furniture in the decedent’s household. If any objection is made, the Probate Division of the Superior Court shall decide what, if any, of such personalty shall pass under this section. Goods and effects so assigned shall be in addition to the distributive share of the estate to which the surviving spouse is entitled under other provisions of law. In making a determination pursuant to this section, the Probate Division of the Superior Court may consider the length of the decedent’s marriage or civil union, the sentimental and monetary value of the property, and the source of the decedent’s interest in the property. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle

§ 313. Surviving spouse; vessel, snowmobile, or all-terrain vehicle
Whenever the estate of a decedent who dies intestate consists principally of a vessel, snowmobile, or all-terrain vehicle, the surviving spouse shall be deemed to be the owner of the vessel, snowmobile, or all-terrain vehicle, and title to the vessel, snowmobile, or all-terrain vehicle shall automatically pass to the surviving spouse. The surviving spouse may register the vessel, snowmobile, or all-terrain vehicle pursuant to 23 V.S.A. § 3816. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 314. Share of heirs other than surviving spouse

§ 314. Share of heirs other than surviving spouse
(a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation.
(b) If there is no taker under subsection (a) of this section, the intestate estate passes in the following order:
(1) to the decedent’s parents equally if both survive or to the surviving parent;
(2) to the decedent’s siblings and the descendants of any deceased siblings by right of representation;
(3) one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents;
(4) in equal shares to the next of kin in equal degree.
(c) If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 315. Parent and child relationship

§ 315. Parent and child relationship
(a) For the purpose of intestate succession, an individual is the child of his or her parents, regardless of their marital status, but a parent shall not inherit from a child unless the parent has openly acknowledged the child and not refused to support the child.
(b) The parent and child relationship may be established in parentage proceedings under Title 15C.
(c) A parent shall not inherit from a child conceived of sexual assault who is the subject of a parental rights and responsibilities order issued pursuant to 15 V.S.A. § 665(f). (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 44, § 6, eff. May 23, 2017; 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 316. Allowances for surviving spouse and family during administration

§ 316. Allowances for surviving spouse and family during administration
The Probate Division of the Superior Court may make reasonable allowance for the necessary expenses of support and maintenance of the surviving spouse and minor children or either, constituting the family of a decedent, out of the personal estate or the income of real or personal estate from date of death until settlement of the estate, but for no longer a period than until their shares in the estate are assigned to them or, in case of an insolvent estate, for not more than eight months after administration is granted. This allowance may take priority, in the discretion of the court, over debts of the estate. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 317. Allowance to children before payment of debts

§ 317. Allowance to children before payment of debts
The court may make reasonable allowance for the necessary expenses of support and maintenance of any children of the decedent until they reach 18 years of age. The court may order the executor or administrator to retain sufficient estate assets for that purpose, except where some provision is made by will for their support. The allowance shall be made before any distribution of the estate among creditors, heirs, or beneficiaries by will. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 318. Allowance to children after payment of debts

§ 318. Allowance to children after payment of debts
Before any partition or division of an estate among the heirs or beneficiaries by will, an allowance may be made for the necessary expenses of support and maintenance of the children of the decedent until they reach 18 years of age. The Probate Division of the Superior Court may order the executor or administrator to retain sufficient estate assets for that purpose, except where some provision is made by will for their support. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 319. Elective share of surviving spouse; notice of rights

§ 319. Elective share of surviving spouse; notice of rights
(a) Subject to subsection (d) of this section, a surviving spouse may elect to waive the provisions of the decedent’s will and in lieu thereof elect to take one-half of the balance of the probate estate, after the payment of allowances, claims, and expenses.
(b) The surviving spouse must be living at the time this election is made. An election under this section may be signed on behalf of the surviving spouse by a guardian, an agent, or an attorney-in-fact under a power of attorney that:
(1) expressly grants the authority to make the election; or
(2)(A) grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal’s property that is as broad or comprehensive as the principal could exercise for himself or herself; and
(B) does not expressly exclude the authority to make the election.
(c) An agent or attorney-in-fact may petition the Probate Division of the Superior Court to determine whether a power of attorney described in subdivision (b)(2) grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself.
(d) A surviving spouse may not elect against a deceased spouse’s will under this section if the surviving spouse has waived the right to elect against the deceased spouse’s will pursuant to section 323 of this title.
(e)(1) The court shall provide the surviving spouse with a notice of the rights of the surviving spouse not later than 30 days from the filing of the initial inventory.
(2) Unless otherwise ordered by the court, a surviving spouse shall file with the court a written election to waive the provisions of a decedent’s will within four months of the later of the following dates:
(A) the date of service of the notice of rights of surviving spouse; or
(B) the date of service of the inventory.
(f) Upon the filing of any subsequent or amended inventory or any accounting that reports previously undisclosed property owned by the decedent as of the date of death, the surviving spouse shall have 30 days from the date of service of the filing to elect against the newly reported property, unless otherwise ordered by the court. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 320. Effect of divorce order

§ 320. Effect of divorce order
A final divorce or dissolution order from any state shall nullify a gift by will to an individual who was the decedent’s spouse at the time the will was executed and any nomination of the spouse as executor, executrix, trustee, guardian, or other fiduciary as named in the will, if the decedent was no longer married to or in a civil union with that individual at the time of death, unless the decedent’s will specifically states to the contrary. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 321. Conveyance to defeat spouse’s interest

§ 321. Conveyance to defeat spouse’s interest
(a) A voluntary transfer of any property by an individual during a marriage or civil union and not to take effect until at or after the individual’s death, made without adequate consideration and for the primary purpose of defeating a surviving spouse’s right to claim the survivor’s intestate or elective share of the decedent’s property so transferred, shall be void and inoperative to bar the claim, unless the surviving spouse waived the survivor’s right to make a claim against the deceased spouse’s estate or the property transferred pursuant to section 323 of this title. If the surviving spouse has not signed a waiver of spousal rights pursuant to section 323 of this title, then the decedent shall be deemed at the time of his or her death to be the owner of the property and the court may:
(1) increase the surviving spouse’s share of the decedent’s probate estate in an amount the court deems reasonable to account for the right the surviving spouse would otherwise have had in the property so transferred; or
(2) if the assets of the decedent’s probate estate are insufficient to account for the right the surviving spouse would otherwise have had in the property, then order any other equitable relief the court deems appropriate.
(b) Neither this section nor any other provision of this title shall be construed to affect an enhanced life estate deed. As used in this subsection, “enhanced life estate deed,” also known as a “Ladybird deed,” shall mean a deed that conveys a future interest in real estate that is revocable or otherwise subject to limitation, with the transfer of the remaining title rights to take place when the grantor dies. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 322. Unlawful killing affecting inheritance

§ 322. Unlawful killing affecting inheritance
Notwithstanding sections 311 through 314 of this title or provisions otherwise made, in any case in which an individual is entitled to inherit or receive property under the last will of a decedent, or otherwise, the individual’s share in the decedent’s estate shall be forfeited and shall pass to the remaining heirs or beneficiaries of the decedent if the individual intentionally and unlawfully kills the decedent. In any proceedings to contest the right of an individual to inherit or receive property under a will or otherwise, the record of that individual’s conviction of intentionally and unlawfully killing the decedent shall be admissible in evidence and shall conclusively establish that the individual did intentionally and unlawfully kill the decedent. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 323. Written waiver of spousal rights

§ 323. Written waiver of spousal rights
(a) At any time before or during a marriage, a spouse may waive the right to an elective share of a deceased spouse’s estate, waive the right to a homestead or other allowance, and waive any other spousal rights or interest in property, in whole or in part, by a written instrument signed by the waiving spouse.
(b) A written waiver of spousal rights is presumed to be valid unless the party contesting the waiver demonstrates that:
(1) the waiver was not voluntary, or was made as a result of fraud, duress, or coercion;
(2) the waiver was unconscionable when signed or is unconscionable in its application due to a material change in circumstances that arose subsequent to the execution of the instrument through no fault or no action of the contesting party;
(3) before signing the waiver, the waiving spouse was not provided fair and reasonable disclosure of the property and financial obligations of the decedent; or
(4) before signing the waiver, the waiving spouse did not have an opportunity for meaningful access to independent counsel.
(c) A waiver under this section may be signed on behalf of a waiving spouse by a guardian or by an agent or an attorney-in-fact under a power of attorney that:
(1) expressly grants the authority to make the election; or
(2)(A) grants the agent or attorney-in-fact the authority to act in the management and disposition of the principal’s property that is as broad or comprehensive as the principal could exercise for himself or herself; and
(B) does not expressly exclude the authority to make the election.
(d) An agent or attorney-in-fact may petition the Probate Division of the Superior Court to determine whether a power of attorney described in subdivision (c)(2) grants the agent or attorney-in-fact authority that is as broad or comprehensive as that which the principal could exercise for himself or herself. (Added 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 331. Degrees; how computed: kindred of half-blood

§ 331. Degrees; how computed: kindred of half-blood
Kindred of the half-blood shall inherit the same share they would inherit if they were of the whole blood. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 332. Share of afterborn child

§ 332. Share of afterborn child
When a child of a testator is born after the making of a will and provision is not made in the will for that child, he or she shall have the same share in the estate of the testator as if the testator had died intestate unless it is apparent from the will that it was the intention of the testator that provision should not be made for the child. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 333. Share of child or descendant of child omitted from will

§ 333. Share of child or descendant of child omitted from will
When a testator omits to provide in the testator’s will for any child of the testator, or for the descendants of a deceased child, and it appears that the omission was made by mistake or accident, the child or descendants, as the case may be, shall have and be assigned the same share of the estate of the testator as if the testator had died intestate. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 334. Afterborn and omitted child; from what part of estate share taken

§ 334. Afterborn and omitted child; from what part of estate share taken
When a share of a testator’s estate is assigned to a child born after the making of a will, or to a child or the descendant of a child omitted in the will, the share shall be taken first from the estate not disposed of by the will, if there is any. If that is not sufficient, so much as is necessary shall be taken from the devisees or legatees in proportion to the value of the estate they respectively receive under the will. If the obvious intention of the testator, as to some specific devise, legacy, or other provision in the will, would thereby be defeated, the specific devise, legacy, or provision may be exempted from the apportionment and a different apportionment adopted in the discretion of the court. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 335. Beneficiary dying before testator; descendants to take

§ 335. Beneficiary dying before testator; descendants to take
When a testamentary gift is made to a child or other kindred of the testator, and the designated beneficiary dies before the testator, leaving one or more descendants who survive the testator, the descendants shall take the gift that the designated beneficiary would have taken if the designated beneficiary had survived the testator, unless a different disposition is required by the will. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 336. Individual absent and unheard of; share of estate

§ 336. Individual absent and unheard of; share of estate
If an individual entitled to a distributive share of the estate of a decedent is absent and unheard of for six years, two of which are after the death of the decedent, the court in which the decedent’s estate is pending may order the share of the absent individual distributed in accordance with the terms of the decedent’s will or the laws of intestacy as if the absent individual had not survived the decedent. If the absent individual proves to be alive, he or she shall be entitled to the share of the estate notwithstanding prior distribution, and may recover in an action on this statute any portion thereof that any other individual received under order. Before an order is made for the payment or distribution of any money or estate as authorized in this section, notice shall be given as provided by the Vermont Rules of Probate Procedure. (Added 2009, No. 55, § 5, eff. June 1, 2009; amended 2017, No. 195 (Adj. Sess.), § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 337. Requirement that individual survive decedent for 120 hours

§ 337. Requirement that individual survive decedent for 120 hours
Except as provided in the decedent’s will, an individual who fails to survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of homestead allowance, exempt property, intestate succession, and taking under decedent’s will, and the decedent’s heirs and beneficiaries shall be determined accordingly. If it is not established by clear and convincing evidence that an individual who would otherwise be an heir or beneficiary survived the decedent by 120 hours, it is deemed that the individual failed to survive for the required period. This section is not to be applied if its application would result in escheat. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 42 - Descent and Survivors' Rights › § 338. Distribution; order in which assets appropriated; abatement

§ 338. Distribution; order in which assets appropriated; abatement
(a)(1) Except as provided in subsection (b) of this section, shares of distributees given under a will abate, without any preference or priority as between real and personal property, in the following order:
(A) property not disposed of by the will;
(B) residuary devises and bequests;
(C) general devises and bequests;
(D) specific devises and bequests.
(2) For purpose of abatement, a general devise or bequest charged on any specific property or fund is a specific devise or bequest to the extent of the value of the property on which it is charged, and upon the failure or insufficiency of the property on which it is charged, a general devise or bequest to the extent of the failure or insufficiency. Abatement within each classification is in proportion to the amounts of property each of the beneficiaries would have received if full distribution of the property had been made in accordance with the terms of the will.
(b) If the will expresses an order of abatement or if the testamentary plan or the express or implied purpose of a devise or bequest would be defeated by the order of abatement listed in subsection (a) of this section, the shares of the distributees shall abate as may be necessary to give effect to the intention of the testator.
(c) If the subject of a preferred devise or bequest is sold or used incident to administration, abatement shall be achieved by appropriate adjustments in, or contribution from, other interests in the remaining assets. (Added 2009, No. 55, § 5, eff. June 1, 2009.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 47 - Uniform Simultaneous Death Act › § 621. No sufficient evidence of survivorship

§ 621. No sufficient evidence of survivorship
Where the title to property or the devolution thereof depends upon priority of death and there is not sufficient evidence that the persons have died otherwise than simultaneously, the property of each person shall be disposed of as if he had survived, except as provided otherwise in this chapter.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 47 - Uniform Simultaneous Death Act › § 622. Beneficiaries

§ 622. Beneficiaries
Where two or more beneficiaries are designated to take successively by reason of survivorship under another person’s disposition of property and there is not sufficient evidence that these beneficiaries have died otherwise than simultaneously, the property thus disposed of shall be divided into as many equal portions as there are successive beneficiaries and these portions shall be distributed respectively to those who would have taken in the event that each designated beneficiary had survived.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 47 - Uniform Simultaneous Death Act › § 623. Joint tenants

§ 623. Joint tenants
Where there is not sufficient evidence that two joint tenants or tenants by the entirety have died otherwise than simultaneously, the property so held shall be distributed one-half as if one had survived and one-half as if the other had survived. If there are more than two joint tenants and all of them have so died, the property thus distributed shall be in the proportion that one bears to the whole number of joint tenants.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 47 - Uniform Simultaneous Death Act › § 624. Insurance policy

§ 624. Insurance policy
Where the insured and the beneficiary in a policy of life or accident insurance have died and there is not sufficient evidence that they have died otherwise than simultaneously, the proceeds of the policy shall be distributed as if the insured had survived the beneficiary.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 47 - Uniform Simultaneous Death Act › § 626. Application where provision made for simultaneous death

§ 626. Application where provision made for simultaneous death
This chapter shall not apply in the case of wills, living trusts, deeds, or contracts of insurance wherein provision has been made for distribution of property different from the provisions of this chapter.
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 49 - Escheats › § 681. Persons dying testate or intestate without heirs or known legatees

§ 681. Persons dying testate or intestate without heirs or known legatees
When a person dies testate or intestate, seised of real or personal property in this State, leaving no heir nor person entitled to the same, the selectboard members of the town where the deceased last resided, if an inhabitant of the State, or of the town in which estate lies, if the absent person resided out of the State, may file a petition, on behalf of the town, with the Probate Division of the Superior Court for a hearing in accordance with the Rules of Probate Procedure. (Amended 1959, No. 38, § 1, eff. March 12, 1959; 1985, No. 144 (Adj. Sess.), § 34; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 49 - Escheats › § 683. Escheat, proceeds from sale

§ 683. Escheat, proceeds from sale
If sufficient cause is not shown to the contrary, at the time appointed for that purpose, the court shall order and decree that the estate of the deceased in the State, after the payment of just debts and charges, shall escheat. The court shall assign the personal estate to the town where the deceased was last an inhabitant in the State and the real estate to the towns in which the same is situated. If he or she were never an inhabitant of the State, the whole estate shall be assigned to the towns where the same is located. The estate shall be for the use of schools in the towns respectively and shall be managed and disposed of like other property appropriated to the use of the town school districts. Any property decreed to a town by virtue of this chapter or subsequently conveyed to an incorporated school district within the town for the use of its schools may be sold without restriction, provided the proceeds shall be expended for the use of the schools of the town. (Amended 2017, No. 195 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 49 - Escheats › § 684. Rights of heir subsequently appearing

§ 684. Rights of heir subsequently appearing
If a devisee, legatee, heir, widow, or other person, entitled to some portion or all of an estate, appears within 17 years from the date of the decree and files a claim with the Probate Division of the Superior Court that made the decree, and establishes the claim to the estate, he or she shall have possession of the same to the extent of the claim, or, if sold, the town shall be accountable to him or her for the avails, after deducting reasonable charges for the care of the estate. If the claim is not made within the time mentioned, it shall be barred. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 4.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 61 - Executors and Administrators › § 902. Will allowed; letters to executor

§ 902. Will allowed; letters to executor
When a will has been allowed, the Probate Division of the Superior Court shall issue letters of administration to the person named executor if the person accepts appointment and gives any required bond. (Amended 1985, No. 144 (Adj. Sess.), § 35; 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 › § 903. Administration; to whom granted

§ 903. Administration; to whom granted
If an executor is not named in the will, or if a person dies intestate, appointments to administer the estate may be made in the following manner:
(1) To the surviving spouse or next of kin, or both, or the person nominated by the surviving spouse or next of kin.
(2) If the surviving spouse or next of kin or the person nominated by them is unsuitable, or if the surviving spouse or the next of kin does not within a reasonable period of time after the death of the person apply for letters of administration or nominate another person to whom letters of administration may be granted, the court may grant letters of administration to one or more of the principal creditors, if competent and willing to serve.
(3) If there is not a creditor who is competent and willing to serve, letters of administration may be issued to another person appointed by the Probate Division of the Superior Court in its discretion.
(4) If the appointment is to enable a quiet title action or another action to clear title to lands, the court may appoint a suitable person as the administrator for that purpose upon application of the reputed owner of the land formerly owned by the decedent. (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 › § 904. Nonresident executor or administrator

§ 904. Nonresident executor or administrator
(a) In all cases where the principal administration is in this State, the Probate Division of the Superior Court shall appoint an executor or administrator who is not domiciled in this State only at the discretion of the court.
(b) Any nonresident estate fiduciary shall forthwith designate in writing a resident of this State who accepts appointment as the resident agent of the nonresident estate fiduciary and agrees to accept service of legal process and other communications on behalf of the executor or administrator. The appointment and acceptance shall be filed with the court. Service of legal process against the nonresident executor or administrator may be accomplished by serving the resident agent. (Amended 1959, No. 262, § 30, eff. June 11, 1959; 1985, No. 144 (Adj. Sess.), § 36; 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 › § 905. Appeal to the Civil Division of the Superior Court

§ 905. Appeal to the Civil Division of the Superior Court
If any person appeals to the Civil Division of the Superior Court an order appointing an executor or administrator and the appeal is sustained, the Civil Division of the Superior Court shall appoint another suitable person as executor or administrator, and certify the judgment and subsequent appointment to the Probate Division of the Superior Court. The Probate Division shall set bond and, after the required bond is filed by the executor or administrator, grant letters of administration. (Amended 1985, No. 144 (Adj. Sess.), § 37; 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 › § 906. Bond; amount, conditions

§ 906. Bond; amount, conditions
An executor or administrator shall give a bond to secure the executor’s or administrator’s performance of the executor’s or administrator’s duties. The Probate Division of the Superior Court shall set the amount of the bond and may order that the bond have sureties. The bond shall be for the security and benefit of all interested persons, except where a bond is to be taken to the adverse party, and shall be filed before the court issues letters of administration. The court shall set the conditions of any bond, which shall include the following:
(1) to make and return an inventory to the Probate Division of the Superior Court within 60 days as required by law and the rules of the court;
(2) to administer according to law and the decedent’s will, if any, all property comprising the decedent’s estate, whether in the possession of the executor or administrator or others for the benefit of the executor or administrator, and discharge all debts, legacies, and charges;
(3) to render an account of administration to the Probate Division within one year and at any other time when required by the court;
(4) to pay to the State of Vermont all inheritance and transfer taxes that the person appointed is required to pay by the provisions of 32 V.S.A. chapters 181 and 183 and to perform all other duties required by those chapters; and
(5) to perform all orders and decrees of the Probate Division. (Amended 1985, No. 144 (Adj. Sess.), § 38; 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 › § 908. Bonds of joint administrators and executors

§ 908. Bonds of joint administrators and executors
When two or more persons are appointed as executors or administrators, the Probate Division of the Superior Court may take a separate bond from each, with or without sureties, or a joint bond with or without sureties from any or all. (Amended 2017, No. 195 (Adj. Sess.), § 5.)