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: 32 V.S.A. § 7304)
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§ 7304. Method of proration
(a) The fiduciary or other person in possession of the property of the decedent required
to pay the tax may withhold from any property distributable to any person interested
in the estate, upon its distribution to him or her, the amount of tax attributable
to his or her interest. If the property in possession of the fiduciary or other person
required to pay the tax and distributable to any person interested in the estate is
insufficient to satisfy the proportionate amount of the tax determined to be due from
the person, the fiduciary or other person required to pay the tax may recover the
deficiency from the person interested in the estate. If the property is not in the
possession of the fiduciary or other person required to pay the tax, the fiduciary
or the other person required to pay the tax may recover from any person interested
in the estate the amount of the tax apportioned to the person in accordance with this
chapter.
(b) If property held by the fiduciary is distributed prior to final apportionment of the
tax, the distributee shall provide a bond or other security for the apportionment
liability in the form and amount prescribed by the fiduciary, with the approval of
the Probate Division of the Superior Court having jurisdiction of the administration
of the estate. (Added 1975, No. 240 (Adj. Sess.), § 11; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)