The Vermont Statutes Online
The Vermont Statutes Online have been updated to include the actions of the 2023 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.
Title 14 : Decedents Estates and Fiduciary Relations
Chapter 080 : Waiver of Administration
(Cite as: 14 V.S.A. § 1853)-
§ 1853. Administration
(a) Administration of an estate under this chapter may be completed upon the court’s approval of the executor’s or administrator’s affidavit of administration. Unless extended by the court, the affidavit shall be filed not less than six months or more than one year after the date of appointment of the executor or administrator.
(b)(1) The affidavit of administration shall state that to the best of the knowledge and belief of the executor or administrator:
(A) there are no outstanding expenses of administration, or unpaid or unsatisfied debts, obligations, or claims attributable to the decedent’s estate; and
(B) no taxes are due to the State of Vermont, and tax clearance has been received from the Department of Taxes.
(2) If the executor or administrator fails to file the affidavit of administration within the time prescribed by subsection (a) of this section, the executor or administrator shall be in default. If he or she fails to file the affidavit or a request for additional time within 15 days after receiving notice of default, the court may impose sanctions it deems appropriate, including an order that waiver of administration is no longer available. The court shall provide notice of the default to the executor or administrator by first-class mail or other means allowed by the Rules of Probate Procedure. (Added 2017, No. 195 (Adj. Sess.), § 12.)
