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. § 1558)
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§ 1558. Creditor may act
(a) If there is a deficiency of assets in the estate, any creditor of the estate who obtains
a license to do so from the Probate Division of the Superior Court may bring an action
in the name of the executor or administrator in the Probate Division to recover any
property fraudulently conveyed by the deceased in his or her lifetime. The action
shall be for the benefit of the creditors and shall be brought in the same manner
as an action by the executor or administrator under section 1554 of this title. A creditor licensed by the court to bring an action under this section may recover
any property conveyed by the deceased in his or her lifetime by a fraudulent or void
conveyance.
(b) An action under this section shall not be commenced until the creditor files with
the court a bond with sufficient sureties conditioned to indemnify the executor or
administrator against the costs of the action.
(c) A creditor who brings an action under this section shall have a lien upon the judgment
recovered by him or her for the costs incurred and any other expenses the court deems
equitable. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 8.)