The Vermont Statutes Online

Title 14: Decedents Estates and Fiduciary Relations

Chapter 080: Waiver of Administration

• § 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.)