The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§ 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.)
§ 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.)
§ 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.)
§ 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.)