Title 14, Decedents Estates and Fiduciary Relations

§ 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 insuf…

§ 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 appea…

§ 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…

§ 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 …

§ 2108. How prosecuted Bonds given to the Probate Division of the Superior Court shall be prosecuted in the Superior Court of the county in which they were given for the benefit of those injured by the breach of their conditions, in the following manner: (1) A person claiming to …

§ 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 as…

§ 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 b…

§ 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…

§ 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…

§ 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…

§ 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 ascer…

§ 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 cl…

§ 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 w…

§ 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…

§ 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 w…

§ 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 child…

§ 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 con…

§ 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 address…

§ 2624. Jurisdiction; transfer to Family Division (a) Except as provided in subsection (b) of this section, the Probate Division shall have exclusive jurisdiction over proceedings under this article involving guardianship of minors. (b)(1)(A) A custodial minor guardianship procee…

§ 2625. Hearing; counsel; guardian ad litem (a) The Probate Division shall schedule a hearing upon the filing of the petition and shall provide notice of the hearing to all parties and interested persons who were provided notice under subdivision 2623(b)(1) of this title. (b) The…

§ 2626. Consensual guardianship (a) If the petition requests a consensual guardianship, the petition shall include a consent signed by the custodial parent or parents verifying that the parent or parents understand the nature of the guardianship and knowingly and voluntarily cons…

§ 2626a. Consensual standby guardianship (a)(1) If the petition requests a consensual standby guardianship, the petition shall include or be accompanied by a consent signed by the custodial parent attesting that the custodial parent understands the nature of the standby guardians…

§ 2627. Nonconsensual guardianship (a) If the petition requests a nonconsensual guardianship, the burden shall be on the proposed guardian to establish by clear and convincing evidence that the child is a child in need of guardianship as defined in subdivision 2622(2)(B) of this …

§ 2628. Guardianship order (a) If the court grants a petition for guardianship of a child under subsection 2626(d), 2626a(d), or 2627(d) of this title, the court shall enter an order establishing a guardianship and naming the proposed guardian as the child’s guardian. (b) A guard…

§ 2629. Powers and duties of guardian (a) The court shall specify the powers and duties of the guardian in the guardianship order. (b) The duties of a custodial guardian shall include the duty to: (1) take custody of the child and establish the child’s place of residence, provide…

§ 2630. Parent-child contact (a) The court shall order parent-child contact unless it finds that denial of parent-child contact is necessary to protect the physical safety or emotional well-being of the child. Except for good cause shown, the order shall be consistent with any ex…

§ 2631. Reports; review hearing (a) The guardian shall file an annual status report to the Probate Division pursuant to subdivisions 2629(b)(4) and 2629(c)(5) of this title, and shall provide copies of the report to each parent at his or her last known address. The court may orde…

§ 2632. Termination (a) A parent may file a motion to terminate a guardianship at any time. The motion shall be filed with the Probate Division that issued the guardianship order and served on all parties and interested persons. (b)(1) If the motion to terminate is made with resp…

§ 2633. Appeals Notwithstanding 12 V.S.A. § 2551 or 2553, the Vermont Supreme Court shall have appellate jurisdiction over orders of the Probate Division issued under this article. (Added 2013, No. 170 (Adj. Sess.), § 1, eff. Sept. 1, 2014.)

§ 2634. Department for Children and Families policy The Department for Children and Families shall adopt a policy defining its role with respect to families who establish a guardianship under this article. The policy shall be consistent with the following principles: (1) The Fami…

§ 2641. Parents as joint guardians If competent, the father and mother of a legitimate minor child shall be joint guardians of such child. If competent, the surviving parent shall be the sole guardian.

§ 2643. Release by court and parent on behalf of minor (a) The Superior judge of the Superior Court within and for the county where the minor resides, on behalf of a minor, must approve of and consent to a release to be executed by a parent in the settlement of any claim that doe…

§ 2644. Child of unmarried woman An unmarried woman who bears a child shall be guardian of such child until another is appointed. (Amended 1987, No. 174 (Adj. Sess.), § 3.)

§ 2647. For minor interested in an estate When notice is required to be given to a minor interested in an estate, as heir, devisee, or legatee, or representative of either, a guardian of the minor shall be appointed before the notice is given. Before any part of the estate is ass…

§ 2648. Parent may be appointed guardian When a parent is authorized to act as guardian and the appointment of a guardian is required, such parent may be appointed if approved by the court.

§ 2649. Guardian appointed for nonresident minor On the petition of a minor, not a resident of this State, or a person interested in the welfare of the minor, the court may appoint a guardian of the minor when it appears that the minor owns or has an interest in real estate situa…

§ 2650. Minor’s choice of guardian Minors residing in the State and having reached the age of 14 years may choose their guardians, subject to the approval of the Probate Division of the Superior Court, and may appear before the court or before a Superior judge and make their choi…

§ 2652. Choice of another guardian by minor A person appointed guardian of a minor shall continue to be such until another is appointed. After the minor arrives at the age of 14 years, he or she may, from time to time, choose and have appointed another guardian.

§ 2654. Control over property in another state A guardian appointed by a Probate Division of the Superior Court in this State shall have the same power and authority to take possession of, manage, sell and convey personal property and real estate of his or her ward, situate in an…

§ 2655. Parent may have custody of person Either parent may have the custody of the person and care of the education of the minor, if the court, at the time of appointing a guardian of the minor, deems the parent to be competent and suitable for that purpose. If the court deems a…

§ 2656. Guardian appointed by will By a last will, either parent may appoint guardians for minor children, or for children, regardless of age, who are judicially determined to be in need of guardianship under the provisions of this chapter, whether living at the time of making th…

§ 2657. Guardian ad litem Nothing in this chapter shall take away the power of a court to appoint a guardian to defend the interests of a minor impleaded in such court, or interested in an action or matter therein pending, or its power to appoint or allow a person, as next friend…

§ 2658. Powers of guardian A guardian for a minor appointed by Probate Division of the Superior Court, as provided in this chapter, in the name and right of his or her ward, may receive, sue for, and recover debts and demands due to the ward. He or she may maintain and defend act…

§ 2659. Financial guardianship; minors (a) The Probate Division may appoint a financial guardian for a minor pursuant to this section if the minor is the owner of real or personal property. A financial guardian appointed pursuant to this section shall have the care and management…

§ 2660. Statement of legislative intent (a) The creation of a permanent guardianship for minors provides the opportunity for a child, whose circumstances make returning to the care of the parents not reasonably possible, to be placed in a stable and nurturing home for the duratio…

§ 2661. Definitions For the purposes of this article: (1) “Best interests of the child” means a determination, based on consideration of all relevant factors and available options, of circumstances that will best provide the child with at a minimum all the following: (A) Adequate…