Title 14, Title 14: Decedents' Estates and Fiduciary Relations

§ 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 b…

§ 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 …

§ 909. Executor refusing trust or not giving bond A person named as an executor in a will who refuses to accept appointment or neglects for 20 days to give a bond shall not intermeddle or act as executor. If the person refuses to accept or neglects to give a bond, the Probate Div…

§ 910. When executor is a minor When a person named as executor in a will is under age at the time of proving the will, issuance of letters of administration may be granted to another executor named in the will, who accepts appointment and gives the required bond, or to another s…

§ 913. Death or removal of executor or administrator When an executor or administrator dies, resigns, is removed or the executor’s or administrator’s authority is otherwise extinguished, any remaining executor or administrator may complete the administration unless otherwise prov…

§ 914. Power of new administrator An administrator appointed in the place of a former executor or administrator shall have the same authority in settling the estate as the former executor or administrator, including the authority to prosecute or defend actions commenced by or aga…

§ 915. Appointment of administrator to act with survivor When an executor or administrator dies, resigns, is removed or authority is otherwise extinguished, leaving a remaining executor or administrator, administration may be granted to some suitable person, to serve with the rem…

§ 916. Powers of administrator appointed to act with survivor An executor or administrator appointed under section 915 of this title shall have the same authority as the remaining executor or administrator and may prosecute or defend actions commenced by or against the former exe…

§ 917. Power of regulation The Probate Division of the Superior Court shall regulate the conduct of persons appearing in proceedings or involved in the administration of estates or other matters within the court’s jurisdiction. When it appears to the court that a person has faile…

§ 917a. Termination of appointment (a) Termination of appointment of an executor or administrator ends the rights and powers pertaining to the office as conferred by law, the Rules of Probate Procedure, or any will or trust. Termination does not discharge an executor or administr…

§ 918. One of the coexecutors disqualified, others may act When coexecutors appointed in a will cannot act as such, those who can act may be appointed to administer the estate. (Amended 2017, No. 195 (Adj. Sess.), § 5.)

§ 919. Persons unheard from for five years; settlement of estate When a person is absent and unheard from for five years or when a certificate of presumed death of a person has been issued under 18 V.S.A. § 5219, that person’s estate shall be subject to administration by the Prob…

§ 920. Liability of executor; rights on return After the administration and distribution, the executor or administrator shall not be liable to the person so absent and unheard from in any action for the recovery of the estate. If the absent person proves to be alive, he or she sh…

§ 921. Property of persons serving in armed force — Absent persons, conservator When a person, hereinafter referred to as an absentee, who is serving in or with the U.S. Armed Forces, its allies, or as a crew member of a merchant vessel, has been reported or listed as missing, mi…

§ 922. Powers of conservator; bond The Probate Division of the Superior Court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make reports the court may deem necessary. Th…

§ 923. Termination of conservatorship At any time upon motion signed by the absentee, or of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the Probate Division of the Superior Court shall direct the termination of the conservatorship and t…

§ 924. Revocation of letters of administration—When will discovered When, after granting letters of administration of the estate of a person as if dying intestate, a will of the deceased person is allowed, the letters of administration shall be revoked and the powers of the admin…

§ 925. Powers of executor of discovered will In such case, the executor of the will may demand, sue for, and collect the goods, chattels, rights, and credits of the deceased remaining unadministered, and may prosecute to final judgment actions commenced by the administrator befor…

§ 926. Revocation of letters not to avoid acts under them Before the revocation of his or her letters testamentary or of administration, the acts of an executor or administrator shall be valid the same as if revocation had not been made. (Amended 2017, No. 195 (Adj. Sess.), § 5.)…

§ 927. Executor or administrator of deceased partner—access to books The executor or administrator of a deceased partner at all times shall have access to and make examination and take copies of the books and papers relating to the partnership business, and at all times shall hav…

§ 928. Probate Division of the Superior Court may compel compliance The Probate Division of the Superior Court in which is pending a proceeding for the settlement of the estate of a deceased partner, on motion of the executor or administrator, may cite a surviving partner or part…

§ 929. Buildings to be kept in repair An executor or administrator shall maintain in tenantable repair the houses, buildings, and fences belonging to the estate and deliver the same in such repair to the heirs or devisees when directed by the Probate Division of the Superior Cour…

§ 930. Estate not willed An executor shall administer the estate of the testator not disposed of by will.

§ 931. Limitations on claims of creditors All claims against the decedent’s estate that arose before the death of the decedent, including claims of the State and any subdivision thereof except claims filed by the State on behalf of Vermont Medicaid, absolute or contingent, liquid…

§ 961. Special administrator; appointment when estate jeopardized; conduct of business When the interests of the estate of a deceased person will be jeopardized by the delay intervening between death and the appointment of an administrator or executor, the Probate Division of the…

§ 962. Appointment in case of delay When there is delay in granting letters testamentary or of administration, occasioned by an appeal from the allowance or disallowance of a will, or from other cause, the Probate Division of the Superior Court may appoint a special administrator…

§ 963. Powers A special administrator shall collect the goods, chattels, and credits of the deceased and preserve the same for the executor or administrator afterwards appointed and for that purpose may commence and maintain actions as an administrator and may sell perishable and…

§ 964. Liability for debts A special administrator shall not be liable to an action by a creditor or to pay any debts of the deceased. With the consent of the Probate Division of the Superior Court, he or she may pay the expenses of the last sickness and the funeral expenses of t…

§ 965. Bond Before entering upon the duties of his or her trust, a special administrator shall give a bond as the court directs, conditioned that he or she will make and return a true inventory of the goods, chattels, rights, credits, and effects of the deceased that come to his …

§ 966. Powers to cease, when Upon granting letters testamentary or of administration on the estate of the deceased, the powers of the special administrator shall cease. He or she shall forthwith deliver to the executor or administrator the goods, chattels, monies, and effects of …