reglab/statecodes huggingface dataset:
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 77 - Decrees of Distribution or Partition of Estates › § 1737. When estate cannot be divided without injury; to be sold; procedure

§ 1737. When estate cannot be divided without injury; to be sold; procedure
When the real estate of a decedent, or any part of it greater than the share in it of any one of the heirs, cannot be divided without prejudice or inconvenience to the owners, proceedings may be had for the assignment or sale of the real estate in the Probate Division of the Superior Court. (Amended 1985, No. 144 (Adj. Sess.), § 88; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 77 - Decrees of Distribution or Partition of Estates › § 1739. Final decree of distribution or partition; bond

§ 1739. Final decree of distribution or partition; bond
The Probate Division of the Superior Court shall not make a final decree of distribution or partition in an estate against which a person engaged in the military service of the United States and outside this State has a claim, until a bond is filed in the court by the creditors, heirs, legatees, or devisees or some one or more of them, in a sum and with sureties as the court directs, conditioned to pay the claimant the sum of money that is finally allowed him or her against the estate. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 77 - Decrees of Distribution or Partition of Estates › § 1740. Payment of expenses; from estate, if sufficient

§ 1740. Payment of expenses; from estate, if sufficient
At the time of partition or distribution of an estate, if the executor or administrator has retained sufficient assets that may lawfully be applied for that purpose, the expenses of partition or distribution may be paid by the executor or administrator when it appears to the court equitable and not inconsistent with the intention of a testator. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 77 - Decrees of Distribution or Partition of Estates › § 1741. Parties to pay cost of partition, when

§ 1741. Parties to pay cost of partition, when
If there are insufficient assets in the hands of the executor or administrator that may be lawfully applied to the costs of partition, the expenses and charges of partition determined by the Probate Division of the Superior Court shall be paid by the parties interested in the partition in proportion to their respective shares or interests in the premises and the proportions shall be allowed by the court. If a person interested in the partition does not pay his or her proportion or share, the court may issue a judgment order for the sum assessed, for the benefit of the executor or administrator against the party not paying, returnable in 60 days from the date of the order. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 77 - Decrees of Distribution or Partition of Estates › § 1742. Record of decrees relating to real estate; where recorded

§ 1742. Record of decrees relating to real estate; where recorded
Certified copies of final orders or decrees of a Probate Division of the Superior Court relating to real estate shall be recorded in the office where by law a deed of the real estate is required to be recorded. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 79 - Conveyance When Record Holder Deceased › § 1801. Title in deceased persons; petition to Probate Division of the Superior Court

§ 1801. Title in deceased persons; petition to Probate Division of the Superior Court
When the record title to real estate or an interest therein stands in the name of a person who has been deceased for more than seven years and the estate of the person has not been probated and the interest of the heirs in that real estate has not been conveyed or has been defectively conveyed, the Probate Division of the Superior Court where venue lies, upon verified petition and after notice and hearing as provided by the Rules of Probate Procedure, shall determine whether the deceased person or the decedent’s heirs are possessed of an existing enforceable title or interest in that real estate. (Amended 1985, No. 144 (Adj. Sess.), § 90; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 79 - Conveyance When Record Holder Deceased › § 1802. Determination by court of persons entitled to estate

§ 1802. Determination by court of persons entitled to estate
If the court determines that the heirs or personal representatives of the deceased person are not at the time of the hearing in possession of the real estate and are not entitled to reenter it or to institute and maintain a suit to recover possession of it, the court shall adjudge and decree that the real estate constitutes no beneficial part of the estate of the deceased person and may appoint an administrator to convey the record title of the real estate to the person or persons adjudged by the court to be legally entitled to it. (Amended 2017, No. 195 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 79 - Conveyance When Record Holder Deceased › § 1803. Petition

§ 1803. Petition
A petition under this chapter may be brought by any person in possession or who claims the right to possession of the real estate. It shall recite the facts upon which it is based and shall specify the names and addresses of the heirs and representatives of the deceased person, and of all claimants so far as each class is known to the petitioner. (Amended 1971, No. 185 (Adj. Sess.), § 175, eff. March 29, 1972; 1985, No. 144 (Adj. Sess.), § 91.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 79 - Conveyance When Record Holder Deceased › § 1804. Appearance; appeal

§ 1804. Appearance; appeal
A person not so served may become a party defendant by entering his or her appearance with the Probate Division of the Superior Court before the expiration of the time provided by this section for appeal. An appeal may be taken by any person in interest within 30 days from any final decree issued under this chapter by the Probate Division of the Superior Court. (Amended 1971, No. 185 (Adj. Sess.), § 176, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 80 - Waiver of Administration › § 1851. Applicability

§ 1851. Applicability
This chapter shall apply to all estates, testate and intestate, other than small estates administered under chapter 81 of this title. (Added 2017, No. 195 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 80 - Waiver of Administration › § 1852. Motion for waiver of administration; order

§ 1852. Motion for waiver of administration; order
(a) A motion for waiver of administration may be submitted to the Probate Division of the Superior Court with the petition to open the estate or at any time before an accounting is due. The motion shall be made under oath and shall state that:
(1)(A) if the decedent died testate, the moving party is the sole beneficiary of the decedent’s estate, and has been nominated and proposes to serve as sole executor; or
(B) if the decedent died intestate, the moving party is the sole heir of the decedent’s estate and proposes to serve as sole administrator;
(2) the moving party is the sole fiduciary of the estate;
(3) the decedent owned no real property in the State of Vermont; and
(4) the administration of the estate will be complete without supervision by the Probate Division of the Superior Court in accordance with the decedent’s will and applicable law.
(b) The court may grant the motion to waive further administration if it finds that:
(1) the moving party is the only estate beneficiary under the will of a decedent or the only heir of a decedent who died intestate;
(2) the moving party is the sole fiduciary of the estate; and
(3) the decedent owned no real property in the State of Vermont.
(c) If the court grants a motion to waive further administration filed under subsection (a) of this section, it shall issue an order waiving the duty to file an inventory, waiving or discharging the fiduciary bond, and dispensing with further filing with the court other than the final affidavit of administration. (Added 2017, No. 195 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 80 - Waiver of Administration › § 1853. Administration

§ 1853. Administration
(a) Administration of an estate under this chapter may be completed upon the court’s approval of the executor’s or administrator’s affidavit of administration. Unless extended by the court, the affidavit shall be filed not less than six months or more than one year after the date of appointment of the executor or administrator.
(b)(1) The affidavit of administration shall state that to the best of the knowledge and belief of the executor or administrator:
(A) there are no outstanding expenses of administration, or unpaid or unsatisfied debts, obligations, or claims attributable to the decedent’s estate; and
(B) no taxes are due to the State of Vermont, and tax clearance has been received from the Department of Taxes.
(2) If the executor or administrator fails to file the affidavit of administration within the time prescribed by subsection (a) of this section, the executor or administrator shall be in default. If he or she fails to file the affidavit or a request for additional time within 15 days after receiving notice of default, the court may impose sanctions it deems appropriate, including an order that waiver of administration is no longer available. The court shall provide notice of the default to the executor or administrator by first-class mail or other means allowed by the Rules of Probate Procedure. (Added 2017, No. 195 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 80 - Waiver of Administration › § 1854. Discharge of executor or administrator

§ 1854. Discharge of executor or administrator
Upon the submission of an affidavit of administration, the Probate Division of the Superior Court may close the estate and discharge the executor or administrator if it determines that the provisions of sections 1851 and 1852 of this title have been met. (Added 2017, No. 195 (Adj. Sess.), § 12.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 81 - Small Estates › § 1901. Commencement of small estate

§ 1901. Commencement of small estate
(a) When a decedent’s estate has a fair market value of not more than $45,000.00 and consists entirely of personal property, provided that the estate may include a time-share estate as defined by 32 V.S.A. § 3619(a), an estate may be commenced by filing:
(1) a petition to open a probate estate;
(2) a list of interested persons;
(3) the filing fee;
(4) an original death certificate;
(5) an inventory of the estate, including information or estimates available at the time of filing;
(6) an affidavit of paid and outstanding funeral expenses and any other known or reasonably ascertainable debts of the decedent;
(7) a bond without surety in the amount of the fair market value of the estate; and
(8) the will, if any.
(b) An interested party who does not consent to the small estate proceeding in writing shall be provided with notice of the petition and the pending fiduciary appointment and may file any objections with the court within 14 days after receiving the notice. If no objections are filed, the fiduciary appointment and any will offered for admission shall be approved by the court without further notice or hearing.
(c) If, after an estate is opened pursuant to subsection (a) of this section, it is determined that the value of the decedent’s estate at the time of his or her death exceeded $45,000.00, the fiduciary shall petition the court to order that the estate be administered pursuant to the laws and rules applicable to estates with a fair market value in excess of $45,000.00. The court shall grant the petition if it finds that the estate has a fair market value in excess of $45,000.00 and that all applicable fees have been paid. (Amended 1975, No. 240 (Adj. Sess.), § 10; 2009, No. 75 (Adj. Sess.), § 1; 2019, No. 36, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 81 - Small Estates › § 1902. Letters of administration, small estates, notice

§ 1902. Letters of administration, small estates, notice
(a) When a small estate is commenced pursuant to section 1901 of this title:
(1) If the decedent had a will, the will shall be admitted and letters of administration shall be issued as provided in section 902 of this title.
(2) If the decedent did not have a will, letters of administration shall be issued as provided in section 903 of this title.
(b) Within 60 days after the issuance of letters of administration, and at any time thereafter if deemed necessary by the fiduciary, the fiduciary shall confirm, correct, or supplement the inventory filed with the petition.
(c) Letters of administration issued pursuant to this section shall be effective for one year after the date of issuance. The court may extend the one-year duration upon motion of the fiduciary for good cause shown. (Added 1975, No. 240 (Adj. Sess.), § 10; amended 1981, No. 150 (Adj. Sess.), § 1; 2009, No. 75 (Adj. Sess.), § 2; 2013, No. 102 (Adj. Sess.), § 5; 2019, No. 36, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 81 - Small Estates › § 1903. Same; discharge upon payment of funeral expenses; residue

§ 1903. Same; discharge upon payment of funeral expenses; residue
(a)(1) If it appears from the record that the estate is insolvent, the fiduciary shall apply for an order of dividend from the court. If the estate is not insolvent, the fiduciary shall make payment in settlement with all known or reasonably ascertainable creditors, including payment of income taxes due for the year of the decedent’s death, and pay any remaining balance to the beneficiaries of the estate as provided by the will, if any, or as otherwise provided by law.
(2) Upon completion of the payments required by subdivision (1) of this subsection, the fiduciary shall file with the court a sworn statement setting forth the amounts and recipients of each payment.
(b) The court may discharge the fiduciary without further accounting and without notice after the fiduciary has completed the requirements of subsection (a) of this section.
(c) If a discharge is given under this section, any assets distributed by the fiduciary shall be subject to claims later established, and sections 1202 and 1203 of this title shall apply, but the executors or administrators shall not be liable to distributees for losses to them when required to reimburse creditors. Each distributee shall have a duty of proportionate contribution for any claims brought against one or more other distributees, not to exceed the amount received by the distributee from the estate. (Added 1975, No. 240 (Adj. Sess.), § 10; amended 1981, No. 150 (Adj. Sess.), § 2; 2009, No. 75 (Adj. Sess.), § 3; 2019, No. 36, § 1.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1951. Right to disclaim interest in property

§ 1951. Right to disclaim interest in property
A person, or the representative of a deceased, incapacitated or protected person, to whom any property or interest therein devolves, by whatever means, may disclaim it in whole or in part by delivering a written disclaimer under this chapter. The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1953. Form of disclaimer

§ 1953. Form of disclaimer
The disclaimer shall:
(1) describe the property or interest disclaimed;
(2) declare the disclaimer and extent thereof; and
(3) be signed by the disclaimant. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1954. Effect of disclaimer

§ 1954. Effect of disclaimer
(a) If the property or interest devolved to a disclaimant under testamentary instrument or under the laws of intestacy and the deceased owner or donee of a power of appointment has not provided for another disposition, it devolves as if the disclaimant had predeceased the decedent or, if the disclaimant was designated to take under a power of appointment exercised by a testamentary instrument, as if the disclaimant had predeceased the donee of the power. Any future interest that takes effect in possession or enjoyment after the termination of the estate or interest disclaimed takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest is indefeasibly vested. A disclaimer relates back for all purposes to the date of death of the decedent, or of the donee of the power, or the determinative event, as the case may be.
(b) If the property or interest devolved to a disclaimant under a nontestamentary instrument or contract and the instrument or contract does not provide for another disposition:
(1) it devolves as if the disclaimant had died before the effective date of the instrument or contract; and
(2) a future interest that takes effect in possession or enjoyment at or after the termination of the disclaimed interest takes effect as if the disclaimant had died before the event determining that the taker of the property or interest had become finally ascertained and his or her interest indefeasibly vested. A disclaimer relates back for all purposes to the effective date of the instrument or contract or the date of the determinative event, as the case may be.
(c) The disclaimer or the written waiver of the right to disclaim is binding upon the disclaimant or person waiving and all persons claiming through or under him or her. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1955. Waiver and bar

§ 1955. Waiver and bar
The right to disclaim property or an interest therein is barred by
(1) an assignment, conveyance, encumbrance, pledge, or transfer of the property or interest, or a contract therefor;
(2) an encumbrance, except that the lien for a writ of attachment or a judgment lien shall only bar a disclaimer to the extent of the amount of the lien;
(3) a written waiver of the right to disclaim;
(4) an acceptance of the property or interest or a benefit thereunder; or
(5) a sale of the property or interest under judicial sale made before the disclaimer is effected. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1956. Remedy not exclusive

§ 1956. Remedy not exclusive
This chapter does not abridge the right of a person to waive, release, disclaim, or renounce property or an interest therein under any other provisions of law. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1957. Application

§ 1957. Application
An interest in property that exists on July 1, 1986 as to which, if a present interest, the time for delivering a disclaimer under this chapter has not expired or, if a future interest, the interest has not become indefeasibly vested or the taker finally ascertained, may be disclaimed within nine months after July 1, 1986. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 83 - Uniform Disclaimer of Property Interests Act › § 1958. Uniformity of application and construction

§ 1958. Uniformity of application and construction
This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it. (Added 1985, No. 130 (Adj. Sess.).)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 85 - General Principles › § 1971. Intentional killing; offender not to benefit

§ 1971. Intentional killing; offender not to benefit
(a) The acquisition of any property, interest, power, or benefit by a person as the result of the person’s commission of an intentional and unlawful killing shall be treated in accordance with the principle that a killer cannot profit from his or her wrong, and a court shall have the power to distribute, reform, revoke, or otherwise dispose of such property, interest, power, or benefit in accord with the principles of this section.
(b) The distribution, reformation, revocation, or disposition of any property, interest, power, or benefit subject to subsection (a) of this section shall not affect any valid liens or mortgages on such property, interest, power, or benefit. (Added 2009, No. 55, § 3.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2101. Probate bonds; amount; sureties; for whose benefit; to whom taken

§ 2101. Probate bonds; amount; sureties; for whose benefit; to whom taken
Bonds required to be taken by order of the Probate Division of the Superior Court shall be for such sum and with such surety or sureties as the court directs, except where the law otherwise prescribes. The bonds shall be for the security and benefit of all persons interested and shall be taken to the Probate Division of the Superior Court except where they are to be taken to the adverse party. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2102. Foreign company; certificate of authority; fee

§ 2102. Foreign company; certificate of authority; fee
A Probate Division of the Superior Court shall not accept a foreign fidelity insurance company as surety on a bond required to be filed in the court, unless the company is authorized to do business in this State and has filed in the court a certificate of the Commissioner of Financial Regulation that the company is so authorized. A fee of $1.00 for each certificate so issued shall be paid to the Commissioner of Financial Regulation for the benefit of the State by the company requesting its issuance. (Amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a); 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 78 (Adj. Sess.), § 2, eff. April 2, 2012; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2103. Record; evidence

§ 2103. Record; evidence
Upon acceptance and approval of bonds required to be given to a Probate Division of the Superior Court, the bonds shall be filed and docketed in the office of the court to which they are given. A copy of the bond duly certified by the court shall be evidence in all cases as to the facts stated in it, as though the original were produced. (Amended 1971, No. 179 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2104. Motion, when bond is insufficient

§ 2104. Motion, when bond is insufficient
If a surviving spouse, heir, creditor, devisee, or legatee of a decedent or their legal representatives, or a person interested in a trust estate, considers the bond given to the Probate Division of the Superior Court by a fiduciary insufficient, they may file a motion for an additional bond. The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. If it appears to the court that the bond is not sufficient, it shall order the fiduciary to give a new and sufficient bond within the time limited. If the new bond is not filed within that new time, the court shall remove the fiduciary and fill the vacancy. (Amended 1985, No. 144 (Adj. Sess.), § 92; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2105. Surety may move for new bond and settlement; removal

§ 2105. Surety may move for new bond and settlement; removal
If the surety for a fiduciary considers himself or herself in danger of being injured thereby, a motion may be filed to order the fiduciary to settle the account and give a new bond. Upon notice and hearing, if it appears to the Probate Division of the Superior Court that the surety is in danger of being injured, it shall order the fiduciary to settle the account and give a new bond. When a new bond is filed and approved, the surety shall be discharged. If the fiduciary does not settle the accounts and give a new bond when so ordered, the court shall remove the fiduciary and fill the vacancy. (Amended 1985, No. 144 (Adj. Sess.), § 93; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2106. New bond

§ 2106. New bond
When a fiduciary desires to file a new bond with sureties in substitution for the bond then on file, the Probate Division of the Superior Court, in its discretion and upon notice, may allow a new bond to be filed. Upon approving the new bond, the court may accept it in substitution for any and all bonds previously filed by the fiduciary and discharge the sureties on the former bond or bonds from liability accruing after the substituted bond is filed. (Amended 1985, No. 144 (Adj. Sess.), § 94; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2107. Discharge of executor, administrator, trustee, guardian; account; exoneration of surety

§ 2107. Discharge of executor, administrator, trustee, guardian; account; exoneration of surety
When an executor, administrator, trustee, or guardian has paid and delivered over to the persons entitled to it the money or other property in his or her hands as required by a decree of the Probate Division of the Superior Court, he or she may perpetuate the evidence thereof by presenting to the court within one year after the decree is made or within a time thereafter that the court allows, an account of the payment or the delivery over of the property. If it is proved to the satisfaction of the court and verified by the oath of the accountant, the account shall be allowed as his or her final discharge and ordered to be recorded. The discharge shall forever exonerate the accountant and his or her sureties from liability under the decree, unless his or her account is impeached for fraud or manifest error. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2109. Person injured; action on bond or judgment

§ 2109. Person injured; action on bond or judgment
After a person is injured by the breach of the condition of the bond, he or she may bring from time to time an action in his or her own name on the judgment rendered for the penalty of the bond. In that action, he or she shall assign and set forth the breaches on which he or she relies and may recover the damages that he or she proves, with costs. (Amended 1971, No. 185 (Adj. Sess.), § 177, eff. March 29, 1972; 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 101 - Probate Bonds; Executors, Administrators, Trustees, Guardians › § 2110. Claims for breach may be prosecuted by representatives

§ 2110. Claims for breach may be prosecuted by representatives
Claims for damages for breach of the conditions of a bond may be prosecuted by an executor, administrator, or guardian in behalf of those he or she represents, in the same manner as by persons living. The claims may be prosecuted against the representatives of deceased persons as other claims against decedents. (Amended 2017, No. 195 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 103 - Mortgages and Leases by Executors, Administrators, Trustees, or Guardians › § 2201. Mortgage of property by fiduciary; motion; order; license

§ 2201. Mortgage of property by fiduciary; motion; order; license
(a) On motion and with the written consent of the interested persons, or after hearing, the Probate Division of the Superior Court may authorize a fiduciary to mortgage any of the real estate or to mortgage, pledge, or assign any of the personalty of the estate for the benefit of the estate. The court may authorize a fiduciary to enter into an agreement for the extension or renewal of an existing mortgage or lien or of any other mortgage, lien, pledge, or assignment created under the provisions of this chapter.
(b) A motion filed under this section shall describe the property to be mortgaged, pledged, or assigned and shall include the purpose of the obligation, the limits of the principal amount, the interest rate, and the term of the note to be secured by the mortgage. A license issued by the Probate Division pursuant to this section shall fix the terms and conditions under which the property may be mortgaged, pledged, or assigned. The court may order all or any part of the obligation secured by the mortgage to be paid from time to time out of the income of the property mortgaged. A certified copy of the license shall be recorded in the office where the mortgage is recorded. (Amended 1985, No. 144 (Adj. Sess.), § 96; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 103 - Mortgages and Leases by Executors, Administrators, Trustees, or Guardians › § 2203. Lease; of property by fiduciary; order; license

§ 2203. Lease; of property by fiduciary; order; license
(a) On motion and with the written consent of the interested parties, or after hearing, the Probate Division of the Superior Court may authorize a fiduciary to lease all or part of the real or personal property of the estate for the benefit of the estate. The court may authorize a fiduciary to enter into an agreement for the extension or renewal of an existing lease, or of any other lease created under the provisions of this chapter. A lease for a period of less than seven consecutive months shall not require a license.
(b) A motion filed under this section shall describe the property to be leased and shall include the prospective lessee, if known, the proposed use of the leased property, the limits of the proposed term of the lease, and the proposed rental. A license issued by the Probate Division of the Superior Court pursuant to this section shall fix the terms and conditions under which the property may be leased. (Amended 1985, No. 144 (Adj. Sess.), § 98; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 14.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 105 - Trusts and Trustees › § 2329. Testamentary additions to trusts; pour over trusts

§ 2329. Testamentary additions to trusts; pour over trusts
A devise or bequest, the validity of which is determinable by the law of this State, may be made by a will to the trustee or trustees of a trust established or to be established by the testator or by the testator and some other person or persons or by some other person or persons, including a funded or unfunded life insurance trust, although the trustor has reserved any or all rights of ownership of the insurance contracts, if the trust is identified in the testator’s will and its terms are set forth in a written instrument, other than a will, executed before or concurrently with the execution of the testator’s will or in the valid last will of a person who has predeceased the testator, regardless of the existence, size, or character of the corpus of the trust. The devise or bequest shall not be invalid because the trust is amendable or revocable, or both, or because the trust was amended after the execution of the will or after the death of the testator. Unless the testator’s will provides otherwise, the property so devised or bequeathed: (a) shall not be deemed to be held under a testamentary trust of the testator, but shall become a part of the trust to which it is given; and (b) shall be administered and disposed of in accordance with the provisions of the instrument or a will of a person other than the testator setting forth the terms of the trust, including any amendments thereto made before the death of the testator, regardless of whether made before or after the execution of the testator’s will, and, if the testator’s will so provides, including any amendments to the trust made after the death of the testator. A revocation or termination of the trust before the death of the testator shall cause the devise or bequest to lapse. However, when the testator’s will specifically sets forth the terms of the trust, whether or not the trust is subsequently amended, revoked, or terminated, the property devised or bequeathed under the will shall be deemed to be held under a testamentary trust of the testator and shall be administered and disposed of in accordance with the provision of the testator’s will. (Added 1961, No. 208, § 1, eff. July 11, 1961; amended 2017, No. 195 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 107 - Trusts and Trustees › § 2401. Uncertain beneficiaries; Probate Division of the Superior Court may appoint agent or attorney

§ 2401. Uncertain beneficiaries; Probate Division of the Superior Court may appoint agent or attorney
When a devise, legacy, gift, or trust is made to or for the benefit of a class or classes of beneficiaries in this State whose members are not all ascertained or definitely ascertainable, the Probate Division of the Superior Court may in its discretion appoint a person or persons as agent or attorney to represent the beneficiaries, who shall act for them and their interests, without expense to the State, in any litigation, contest, or compromise in relation to the devise, legacy, gift, trust, will, contract, or instrument by which the same is given. (Amended 2017, No. 195 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 107 - Trusts and Trustees › § 2402. Probate Division of the Superior Court may appoint trustees; duties

§ 2402. Probate Division of the Superior Court may appoint trustees; duties
(a) When, under the provisions of a will probated in another state or country, or of a decree of a court of another state or country, a devise, legacy, gift, or trust belongs to or for the benefit of a class or classes of beneficiaries in this State, whose members are not all ascertained or definitely ascertainable, or is appropriated or devoted to any purpose or benefit in which the public or a class of the public in this State is interested, the Probate Division of the Superior Court may appoint one or more trustees to take charge of the payment and distribution of the devise, legacy, gift, or trust under the will or decree.
(b) The trustee or trustees shall give bonds and render accounts annually of all transactions to the Probate Division of the Superior Court and shall be subject to the same liabilities, and the court shall have the same power as in case of other trustees appointed by the Probate Division of the Superior Court. (Amended 1985, No. 144 (Adj. Sess.), § 114; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 107 - Trusts and Trustees › § 2403. Trustees, when appointed

§ 2403. Trustees, when appointed
A trustee may be appointed by the Probate Division of the Superior Court upon petition of any person, class, or beneficiary coming within the provision of the will or decree, or upon petition of a corporation representing beneficiaries under the will or decree. (Amended 1985, No. 144 (Adj. Sess.), § 115; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 16.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2602. Court appointing, to have jurisdiction; accounts

§ 2602. Court appointing, to have jurisdiction; accounts
The Probate Division of the Superior Court by which a guardian is appointed shall have jurisdiction of the estate of the ward and shall alone be authorized to license the sale of the estate and settle the guardian’s account. In accordance with the Rules of Probate Procedure, a guardian shall annually account to the court for the proceeds and expenditures of the ward’s estate, together with an account of the guardian’s fees. (Amended 1985, No. 144 (Adj. Sess.), § 117; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2603. Nonresident guardian

§ 2603. Nonresident guardian
Except as otherwise provided in this chapter, the Probate Division of the Superior Court shall not appoint a guardian who is not domiciled in this State at the time of appointment, except where the guardian is named in a will or is a relative of the ward and in that case the same shall be discretionary with the court. The Probate Division of the Superior Court may remove a guardian who ceases to be domiciled in this State. (Amended 1967, No. 249 (Adj. Sess.), § 1, eff. Feb. 20, 1968; 1985, No. 144 (Adj. Sess.), § 118; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2621. Policy; purposes

§ 2621. Policy; purposes
This article shall be construed in accordance with the following purposes and policies:
(1) It is presumed that the interests of minor children are best promoted in the child’s own home. However, when parents are temporarily unable to care for their children, guardianship provides a process through which parents can arrange for family members or other parties to care for the children.
(2) Family members can make better decisions about minor children when they understand the consequences of those decisions and are informed about the law and the available supports.
(3) Decisions about raising a child made by a person other than the child’s parent should be based on the informed consent of the parties unless there has been a finding of parental unsuitability.
(4) When the informed consent of the parents cannot be obtained, parents have a fundamental liberty interest in raising their children unless a proposed guardian can show parental unsuitability by clear and convincing evidence.
(5) Research demonstrates that timely reunification between parents and their children is more likely when children have safe and substantial contact with their parents.
(6) It is in the interests of all parties, including the children, that parents and proposed guardians have a shared understanding about the length of time that they expect the guardianship to last, the circumstances under which the parents will resume care for their children, and the nature of the supports and services that are available to assist them. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2622. Definitions

§ 2622. Definitions
As used in this article:
(1) “Child” means an individual who is under 18 years of age and who is the subject of a petition for guardianship filed pursuant to section 2623 of this title.
(2) “Child in need of guardianship” means:
(A) A child who the parties consent is in need of adult care because of any one of the following:
(i) The child’s custodial parent has a serious or terminal illness.
(ii) A custodial parent’s physical or mental health prevents the parent from providing proper care and supervision for the child.
(iii) The child’s home is no longer habitable as the result of a natural disaster.
(iv) A custodial parent of the child is incarcerated.
(v) A custodial parent of the child is on active military duty.
(vi) The parties have articulated and agreed to another reason that guardianship is in the best interests of the child.
(B) A child who is:
(i) abandoned or abused by the child’s parent;
(ii) without proper parental care, subsistence, education, medical, or other care necessary for the child’s well-being; or
(iii) without or beyond the control of the child’s parent.
(3) “Custodial parent” means a parent who, at the time of the commencement of the guardianship proceeding, has the right and responsibility to provide the routine daily care and control of the child. The rights of the custodial parent may be held solely or shared and may be subject to the court-ordered right of the other parent to have contact with the child. If physical parental rights and responsibilities are shared pursuant to court order, both parents shall be considered “custodial parents” for purposes of this subdivision.
(4) “Nonconsensual guardianship” means a guardianship with respect to which:
(A) a parent is opposed to establishing the guardianship; or
(B) a parent seeks to terminate a guardianship that the parent previously agreed to establish.
(5) “Noncustodial parent” means a parent who is not a custodial parent at the time of the commencement of the guardianship proceeding.
(6) “Parent” means a child’s biological or adoptive parent, including custodial parents; noncustodial parents; parents with legal or physical responsibilities, or both; and parents whose rights have never been adjudicated.
(7) “Parent-child contact” means the right of a parent to have visitation with the child by court order. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)
2023 Vermont Statutes › Title 14 - Decedents' Estates and Fiduciary Relations › Chapter 111 - Guardianship › § 2623. Petition for guardianship of minor; service

§ 2623. Petition for guardianship of minor; service
(a) A parent or a person interested in the welfare of a minor may file a petition with the Probate Division of the Superior Court for the appointment of a guardian for a child. The petition shall state:
(1) the names and addresses of the parents, the child, and the proposed guardian;
(2) the proposed guardian’s relationship to the child;
(3) the names of all members of the proposed guardian’s household and each person’s relationship to the proposed guardian and the child;
(4) that the child is alleged to be a child in need of guardianship;
(5) specific reasons with supporting facts why guardianship is sought;
(6) whether the parties agree that the child is in need of guardianship and that the proposed guardian should be appointed as guardian;
(7) the child’s current school and grade level;
(8) if the proposed guardian intends to change the child’s current school, the name and location of the proposed new school and the estimated date when the child would enroll;
(9) the places where the child has lived during the last five years, and the names and present addresses of the persons with whom the child has lived during that period; and
(10) any prior or current court proceedings, child support matters, or parent-child contact orders involving the child.
(b)(1) A petition for guardianship of a child under this section shall be served on all parties and interested persons as provided by Rule 4 of the Vermont Rules of Probate Procedure.
(2)(A) The Probate Division may waive the notice requirements of subdivision (1) of this subsection (b) with respect to a parent if the court finds that:
(i) the identity of the parent is unknown; or
(ii) the location of the parent is unknown and cannot be determined with reasonable effort.
(B) After a guardianship for a child is created, the Probate Division shall reopen the proceeding at the request of a parent of the child who did not receive notice of the proceeding as required by this subsection. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)