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. § 1206)
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§ 1206. Allowance of claims
(a) As to claims presented in the manner described in section 1204 of this title within the time limit prescribed in section 1203 of this title, the executor or administrator shall, if a claim is disallowed, mail a notice to
any claimant stating that the claim has been disallowed. If, after allowing or disallowing
a claim, the executor or administrator changes his or her decision concerning the
claim, he or she shall notify the claimant. The executor or administrator may not
change a disallowance of a claim after the time for the claimant to file a petition
for allowance or to commence a proceeding on the claim has run and the claim has been
barred. Every claim which is disallowed in whole or in part by the executor or administrator
is barred so far as not allowed unless the claimant files a petition for allowance
in the court or commences a proceeding against the executor or administrator not later
than 60 days after the mailing of the notice of disallowance or partial allowance
if the notice warns the claimant of the impending bar. Failure of the executor or
administrator to mail notice to a claimant of action on his claim for 60 days after
the time for original presentation of the claim not otherwise barred has expired shall
have the effect of allowance.
(b) Upon motion of the executor or administrator or petition of a claimant, the Probate
Division of the Superior Court may allow in whole or in part any claim or claims timely
presented. Notice in this proceeding shall be given as provided by the Rules of Probate
Procedure.
(c) A judgment in a proceeding in another court against an executor or administrator to
enforce a claim against a decedent’s estate is an allowance of the claim.
(d) By agreement between a claimant and the executor or administrator, a claim may be
referred to one or more arbitrators, chosen either by the claimant and the executor
or administrator, or, if they so request, by the Probate Division of the Superior
Court. The decision of the arbitrator shall be final and binding.
(e) Unless otherwise provided in any judgment in another court entered against the executor
or administrator, allowed claims bear interest at the legal rate for the period commencing
60 days after the time for original presentation of claim has expired unless based
on a contract making a provision for interest, in which case they bear interest in
accordance with that provision. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 61; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)