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.
(Cite as: 14 V.S.A. § 1204)
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§ 1204. Manner of presentation of claims
Claims against a decedent’s estate may be presented as follows:
(1) The claimant shall deliver to the executor or administrator a written statement of
the claim indicating its basis, the name and address of the claimant, and the amount
claimed, and shall file a copy of the claim with the Probate Division of the Superior
Court. The claim is deemed presented on the first to occur of receipt of the written
statement of claim by the executor or administrator, or the filing of the copy of
the claim with the court. If a claim is not yet due, the date when it will become
due shall be stated. If the claim is contingent or unliquidated, the nature of the
uncertainty shall be stated. If the claim is secured, the security shall be described.
Failure to describe correctly the security, the nature of any uncertainty, and the
due date of a claim not yet due does not invalidate the claim made.
(2) The claimant may commence a proceeding against the executor or administrator in any
court where the executor or administrator may be subjected to jurisdiction, to obtain
payment of the claim against the estate, but the commencement of the proceeding must
occur within the time limited for presenting the claim. No presentation of claim
is required in regard to matters claimed in proceedings against the decedent that
were pending at the time of death.
(3) If a claim is presented under subdivision (1) of this section, no proceeding thereon
may be commenced more than 60 days after the executor or administrator has mailed
a notice of disallowance; but, in the case of a claim that is not presently due or
that is contingent or unliquidated, the executor or administrator may consent to an
extension of the 60-day period, or to avoid injustice, the court, on motion, may order
an extension of the 60-day period, but in no event shall the extension run beyond
the applicable statute of limitations. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 60; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)