§ 902. Will allowed; letters to executor When a will has been allowed, the Probate Division of the Superior Court shall issue letters of administration to the person named executor if the person accepts appointment and gives any required bond. (Amended 1985, No. 144 (Adj. Sess.), § 35; 2009, No. 154 (Adj. Sess.), § 238a, […]
§ 903. Administration; to whom granted If an executor is not named in the will, or if a person dies intestate, appointments to administer the estate may be made in the following manner: (1) To the surviving spouse or next of kin, or both, or the person nominated by the surviving spouse or next of […]
§ 904. Nonresident executor or administrator (a) In all cases where the principal administration is in this State, the Probate Division of the Superior Court shall appoint an executor or administrator who is not domiciled in this State only at the discretion of the court. (b) Any nonresident estate fiduciary shall forthwith designate in writing […]
§ 905. Appeal to the Civil Division of the Superior Court If any person appeals to the Civil Division of the Superior Court an order appointing an executor or administrator and the appeal is sustained, the Civil Division of the Superior Court shall appoint another suitable person as executor or administrator, and certify the judgment […]
§ 906. Bond; amount, conditions An executor or administrator shall give a bond to secure the executor’s or administrator’s performance of the executor’s or administrator’s duties. The Probate Division of the Superior Court shall set the amount of the bond and may order that the bond have sureties. The bond shall be for the security […]
§ 908. Bonds of joint administrators and executors When two or more persons are appointed as executors or administrators, the Probate Division of the Superior Court may take a separate bond from each, with or without sureties, or a joint bond with or without sureties from any or all. (Amended 2017, No. 195 (Adj. Sess.), […]
§ 909. Executor refusing trust or not giving bond A person named as an executor in a will who refuses to accept appointment or neglects for 20 days to give a bond shall not intermeddle or act as executor. If the person refuses to accept or neglects to give a bond, the Probate Division of […]
§ 910. When executor is a minor When a person named as executor in a will is under age at the time of proving the will, issuance of letters of administration may be granted to another executor named in the will, who accepts appointment and gives the required bond, or to another suitable person if […]
§ 913. Death or removal of executor or administrator When an executor or administrator dies, resigns, is removed or the executor’s or administrator’s authority is otherwise extinguished, any remaining executor or administrator may complete the administration unless otherwise provided by the will. If there is no other executor or administrator then serving, the court may […]
§ 914. Power of new administrator An administrator appointed in the place of a former executor or administrator shall have the same authority in settling the estate as the former executor or administrator, including the authority to prosecute or defend actions commenced by or against the former executor or administrator, and the new administrator may […]
§ 915. Appointment of administrator to act with survivor When an executor or administrator dies, resigns, is removed or authority is otherwise extinguished, leaving a remaining executor or administrator, administration may be granted to some suitable person, to serve with the remaining executor or administrator, upon motion of any person interested in the estate of […]
§ 916. Powers of administrator appointed to act with survivor An executor or administrator appointed under section 915 of this title shall have the same authority as the remaining executor or administrator and may prosecute or defend actions commenced by or against the former executor or administrator and may revive actions and have execution on […]
§ 917. Power of regulation The Probate Division of the Superior Court shall regulate the conduct of persons appearing in proceedings or involved in the administration of estates or other matters within the court’s jurisdiction. When it appears to the court that a person has failed to comply with procedures required by law or the […]
§ 917a. Termination of appointment (a) Termination of appointment of an executor or administrator ends the rights and powers pertaining to the office as conferred by law, the Rules of Probate Procedure, or any will or trust. Termination does not discharge an executor or administrator from liability for transactions or omissions occurring before termination, or […]
§ 918. One of the coexecutors disqualified, others may act When coexecutors appointed in a will cannot act as such, those who can act may be appointed to administer the estate. (Amended 2017, No. 195 (Adj. Sess.), § 5.)
§ 919. Persons unheard from for five years; settlement of estate When a person is absent and unheard from for five years or when a certificate of presumed death of a person has been issued under 18 V.S.A. § 5219, that person’s estate shall be subject to administration by the Probate Division of the Superior […]
§ 920. Liability of executor; rights on return After the administration and distribution, the executor or administrator shall not be liable to the person so absent and unheard from in any action for the recovery of the estate. If the absent person proves to be alive, he or she shall be entitled to his or […]
§ 921. Property of persons serving in armed force — Absent persons, conservator When a person, hereinafter referred to as an absentee, who is serving in or with the U.S. Armed Forces, its allies, or as a crew member of a merchant vessel, has been reported or listed as missing, missing in action, interned, or […]
§ 922. Powers of conservator; bond The Probate Division of the Superior Court shall have full discretionary authority to appoint any suitable person as conservator and may require the conservator to post an adequate surety bond and to make reports the court may deem necessary. The conservator shall have the same powers and authority as […]
§ 923. Termination of conservatorship At any time upon motion signed by the absentee, or of an attorney-in-fact acting under an adequate power of attorney granted by the absentee, the Probate Division of the Superior Court shall direct the termination of the conservatorship and the transfer of all property held thereunder to the absentee or […]
