The Vermont Statutes Online

Title 14 : Decedents Estates and Fiduciary Relations

Chapter 066 : Settlement of Claims

• § 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 due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, except claims for the possession of or title to real estate and claims for injury to the person and damage to property suffered by the act or default of the deceased, if not barred earlier by other statute of limitations, are barred against the estate, the executor or administrator, and the heirs and devisees of the decedent, unless presented as follows:

  (1) within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure; provided, however, that claims barred by the nonclaim statute of the decedent’s domicile before the first publication for claims in this State are also barred in this State;

  (2) within one year after the decedent’s death if notice to creditors has not been published or otherwise given as provided by the Rules of Probate Procedure.

  (b) All claims against a decedent’s estate that arise at or after the death of the decedent, including claims of the State and any subdivision thereof, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, are barred against the estate, the executor or administrator, and the heirs and devisees of the decedent, unless presented as follows:

  (1) a claim based on a contract with the executor or administrator, within four months after performance by the executor or administrator is due;

  (2) any other claim, within four months after it arises.

  (c) Nothing in this section affects or prevents:

  (1) any proceeding to enforce any mortgage, pledge, or other lien upon property of the estate;

  (2) to the limits of the insurance protection only, any proceeding to establish liability of the decedent or the executor or administrator for which he or she is protected by liability insurance; or

  (3) the enforcement of any tax liability.

  (d) Claims filed by the State on behalf of Vermont Medicaid must be presented within four months after the date of the first publication of notice to creditors if notice is given in compliance with the Rules of Probate Procedure, regardless of the date of the decedent’s death or when a decedent’s executor or administrator opens the estate. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 59; 2017, No. 195 (Adj. Sess.), § 6a; 2019, No. 77, § 20, eff. June 19, 2019; 2019, No. 167 (Adj. Sess.), § 16, eff. October 7, 2020; 2023, No. 113 (Adj. Sess.), § E.307.1, eff. July 1, 2024.)