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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 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.

Title 12 : Court Procedure

Chapter 023 : Limitation of Time for Commencement of Actions

Subchapter 003 : Computation of Time; Tolling of Statute

(Cite as: 12 V.S.A. § 557)
  • § 557. Death of party

    (a) If a person, by or against whom an action may be brought, dies before the expiration of the time within which such action may be commenced as provided by this chapter or dies within 30 days after the expiration of such times, the period of limitation as to such action shall cease to operate at the date of his or her death. After the issuance of letters testamentary or of administration, such action, if the cause of action survives, may be commenced by or against the executor or administrator within two years, and not after.

    (b) If commissioners are appointed on such estate and the claim against the decedent is a claim proper for the consideration of the commissioners, the same shall be presented to the commissioners within the time allowed other creditors to present their claims. Such claim may be presented to the commissioners any time within 15 years after the date of such death, and not after, but such claim shall be presented in accordance with the provisions of 14 V.S.A. chapter 65.