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. § 1208)
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§ 1208. Individual liability of executor or administrator
(a) Unless otherwise provided in the contract, an executor or administrator is not individually
liable on a contract properly entered into in his or her fiduciary capacity in the
course of administration of the estate unless he or she fails to reveal his or her
representative capacity and identify the estate in the contract.
(b) An executor or administrator is individually liable for obligations arising from ownership
or control of the estate or for torts committed in the course of administration of
the estate only if he or she is personally at fault.
(c) Claims based on contracts entered into by an executor or administrator in his or her
fiduciary capacity, on obligations arising from ownership or control of the estate
or on torts committed in the course of estate administration may be asserted against
the estate by proceeding against the executor or administrator in his or her fiduciary
capacity, whether or not the executor or administrator is individually liable therefor.
(d) Issues of liability as between the estate and the executor or administrator individually
may be determined in a proceeding for that purpose in this court or a proceeding in
a court of competent jurisdiction. (Added 1975, No. 240 (Adj. Sess.), § 7; amended 1985, No. 144 (Adj. Sess.), § 62.)