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

§ 1053. Supplemental inventory (a) If the executor or administrator learns of the existence of any property not included in the original inventory or learns that the value or description indicated in the original inventory for any item is erroneous or misleading, the executor or …

§ 1054. Assets not inventoried Wearing apparel of the deceased or any other member of the household, and provisions and other articles to be consumed or used in the subsistence of the household, shall not be considered as assets of the estate unless, after hearing upon motion, th…

§ 1055. Accounts of executors and administrators; time of rendering; examination An executor or administrator shall render an account of his or her administration within one year from the time of receiving letters testamentary or of administration, and annually thereafter, or oth…

§ 1056. Liability on bond for neglect When an executor or administrator, being duly cited by the Probate Division of the Superior Court, neglects to render a required account, the fiduciary shall be liable on the fiduciary’s bond for the damages which accrue. (Amended 2009, No. 1…

§ 1057. For what to account The accounting of the executor or administrator shall: (1) be done on a cash basis; (2) include the balance at the beginning of the period covered by the accounting, all receipts, all payments, and the balance at the end of the period covered by the ac…

§ 1058. Not to gain or lose by increase or decrease in value An executor or administrator shall not profit by the increase, nor suffer loss by the decrease or destruction, without the fiduciary’s fault, of any part of the estate. The executor or administrator shall account for an…

§ 1061. When not accountable for debts due An executor or administrator shall not be accountable for debts due the deceased if it appears that they remain uncollected without his or her fault. (Amended 2017, No. 195 (Adj. Sess.), § 6.)

§ 1062. Use by executor or administrator If an executor or administrator uses or occupies any asset of the estate, the executor or administrator shall account for the use or occupancy upon agreement of the interested parties. If the parties do not agree upon the amount to be allo…

§ 1063. Accountable for losses by neglect When an executor or administrator neglects or unreasonably delays to raise money by collecting the debts or selling the real or personal estate of the deceased, or neglects to pay over the money the fiduciary has in his or her hands, and …

§ 1064. Costs to be allowed The amount paid by an executor or administrator for costs awarded against him or her shall be allowed in the fiduciary account, unless it appears that the action or proceeding in which the costs are taxed was prosecuted or resisted without just cause. …

§ 1065. Fees and expenses An executor or administrator shall be allowed necessary expenses in the care, management, and settlement of the estate and reasonable fees for services. When, by will, the deceased makes some other provisions for compensation to the executor, that shall …

§ 1066. Verification; right of heir to be examined An accounting that is consented to by all interested parties shall be allowed without hearing unless the Probate Division of the Superior Court sets a hearing upon the accounting. At the hearing, the executor or administrator may…

§ 1067. Notice of accounting Before an administration account of an executor or administrator is allowed, notice shall be given as provided by the Rules of Probate Procedure. (Amended 1975, No. 240 (Adj. Sess.), § 4; 1985, No. 144 (Adj. Sess.), § 56.)

§ 1068. Surety may intervene and appeal Upon the settlement of the account of an executor, administrator, or other person, a person liable as surety in respect to the account, upon motion, may intervene as a party and may appeal as provided in other cases of appeals from the deci…

§ 1069. Waiver of final accounting If an estate has been open for at least six months and the remaining assets include no real estate, a final accounting may be waived if the executor or administrator files with the court: (1) the fiduciary’s verified representation that all clai…

§ 1201. Notice to creditors (a) The Probate Division of the Superior Court may issue an order excusing the executor or administrator from complying with the notice to creditors provisions of the Rules of Probate Procedure when it appears to the court that: (1) there are no debts …

§ 1202. Statutes of limitations Unless an estate is insolvent, the executor or administrator, with the consent of all heirs, devisees, and legatees, may waive any defense of limitations available to the estate. If the defense is not waived, no claim which was barred by any statut…

§ 1203. Limitations on presentation of claims (a) All claims against a decedent’s estate that arose before the death of the decedent, including claims of the State and any subdivision thereof except claims filed by the State on behalf of Vermont Medicaid, whether due or to become…

§ 1204. Manner of presentation of claims Claims against a decedent’s estate may be presented as follows: (1) The claimant shall deliver to the executor or administrator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount cla…

§ 1205. Classification of claims (a) If the applicable assets of the estate are insufficient to pay all claims in full, the executor or administrator shall make payment in the following order: (1) costs and expenses of administration; (2) reasonable funeral, burial, and headstone…

§ 1206. Allowance of claims (a) As to claims presented in the manner described in section 1204 of this title within the time limit prescribed in section 1203 of this title, the executor or administrator shall, if a claim is disallowed, mail a notice to any claimant stating that t…

§ 1207. Payment of claims (a) Upon the expiration of four months from the date of the first publication of the notice to creditors, the executor or administrator shall proceed to pay the claims allowed against the estate in the order of priority prescribed, after making provision…

§ 1208. Individual liability of executor or administrator (a) Unless otherwise provided in the contract, an executor or administrator is not individually liable on a contract properly entered into in his or her fiduciary capacity in the course of administration of the estate unle…

§ 1209. Secured claims Payment of a secured claim is upon the basis of the amount allowed if the creditor surrenders his or her security; otherwise payment is upon the basis of one of the following: (1) if the creditor exhausts his or her security before receiving payment, unless…

§ 1210. Claims not due and contingent or unliquidated claims (a) If a claim that will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the estate, and if the claim has been allowed or established by a proceeding, …

§ 1211. Counterclaims In allowing a claim, the executor or administrator may deduct any counterclaim which the estate has against the claimant. In determining a claim against an estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counter…

§ 1212. Execution and levies prohibited No execution may issue upon nor may any levy be made against any property of the estate under any judgment against a decedent or an executor or administrator, but this section shall not be construed to prevent the enforcement of mortgages, …

§ 1213. Compromise of claims When a claim against the estate has been presented in any manner, the executor or administrator may, if it appears for the best interests of the estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated. …

§ 1214. Encumbered assets If any assets of the estate are encumbered by mortgage, pledge, lien, or other security interest, the executor or administrator may, except as otherwise provided by will, pay the encumbrance or any part thereof, renew or extend any obligation secured by …

§ 1215. Administration in more than one state; duty of executor or administrator (a) All assets of estates being administered in this State are subject to all claims, allowances, and charges existing or established against the executor or administrator wherever appointed. (b) If …

§ 1216. Final distribution to domiciliary representative The estate of a nonresident decedent being administered by an executor or administrator appointed in this State shall, if there is an executor or administrator of the decedent’s domicile willing to receive it, be distribute…

§ 1401. Executor or administrator may sue and defend An executor or administrator may commence, prosecute, or defend, in the right of the deceased, actions that survive to the executor or administrator and are necessary for the recovery and protection of the property or rights of…

§ 1402. Sum recovered paid to person entitled thereto When an executor or administrator commences or prosecutes an action founded on a debt, demand, or claim for damages, and is only a trustee of the claim for the use of another person, and where the claim, although prosecuted in…

§ 1410. Representative may compromise claims of the estate With the approval of the Probate Division of the Superior Court, an executor or administrator may compromise with a debtor of the deceased for a debt due and may give a discharge of the debt on receiving payment of the co…

§ 1411. Disputed claim may be referred When there is a disputed claim between an executor or administrator on behalf of the estate and another person, it may be referred to a master as provided by the Rules of Probate Procedure. The award, made in writing and returned to and acce…

§ 1412. Claim between executor and estate When a claim exists between an executor or administrator and the estate, a special administrator may be appointed solely for the purpose of acting upon that claim. (Amended 1985, No. 144 (Adj. Sess.), § 65.)

§ 1413. Debt as personalty; representative may foreclose mortgage A debt secured by mortgage belonging to the estate of a deceased person as mortgagee or assignee of the right of a mortgagee, when the mortgage was not foreclosed in the lifetime of the deceased, shall be personal …

§ 1416. Estate not sued when masters appointed; exceptions Nothing in this chapter shall authorize a claimant to commence or prosecute an action against an executor or administrator where a master is appointed in the proceeding, nor where a time is allowed by an order of the Prob…

§ 1417. Prosecution of action A person having a contingent or other claim against a deceased person may prosecute the claim against the executor, administrator, heirs, devisees, or legatees. An action commenced against the deceased before death may be prosecuted to final judgment…

§ 1451. What actions survive Actions of ejectment or other proper actions to recover the seisin or possession of lands, tenements, or hereditaments, actions of replevin, actions on tort on account of the wrongful conversion of personal estate, and actions on tort on account of a …

§ 1452. When actions for personal injury survive In an action for the recovery of damages for a bodily hurt or injury, occasioned to the plaintiff by the act or default of the defendant or defendants, if either party dies during the pendency of the action, the action shall surviv…

§ 1453. Survival of causes of action The causes of action mentioned in sections 1451 and 1452 of this title shall survive. Actions based thereon may be commenced and prosecuted by or against the executor or administrator. When the actions are commenced in the lifetime of the dece…

§ 1454. Trespass; damages In an action on tort on account of a trespass commenced or prosecuted against an executor or administrator, the plaintiff or claimant shall recover for the value of the goods taken, or the actual damage, and not vindictive or exemplary damages. (Amended …

§ 1455. Heir may not sue until share assigned When an executor or administrator is appointed and assumes the trust, an action of ejectment, or other action to recover the seisin or possession of lands, or for damage done to the lands, shall not be maintained by an heir or devisee…

§ 1491. Right of action where death results from wrongful act When the death of a person is caused by the wrongful act, neglect, or default of a person or corporation, and the act, neglect, or default is such as would have entitled the party injured to maintain an action and reco…

§ 1492. Action for death from wrongful act; procedure; damages (a) The action shall be brought in the name of the personal representative of the deceased person and commenced within two years from the discovery of the death of the person, but if the person against whom the action…