Executor Duties in Vermont

Main duties and deadlines for a Vermont executor or administrator: give the bond set by the court (conditioned on filing an inventory, rendering accounts and obeying court orders); give notice to creditors under the probate rules; within 60 days after appointment, prepare an inventory of the decedent's property at date-of-death fair market value, with any encumbrances, and supplement it if more property is found; creditors' claims arising before death must be presented within four months after the first publication of the notice (or within one year after death if no notice is given); render an account within one year after receiving letters, and annually after that until the estate is settled; obtain tax clearance, pay claims and expenses, and distribute the estate under a decree of distribution after the final account is approved.

Letters are issued by the Probate Division of the Superior Court. A person holding a will must deliver it within 30 days after learning of the death. The executor (or other applicant) files a Petition to Open Decedent's Estate with the death certificate in the probate unit where venue lies; the court allows the will and issues letters testamentary (or letters of administration if there is no will) after any required bond is filed. Without a named executor, the court appoints the surviving spouse, next of kin, or a person they nominate, and otherwise a principal creditor or other suitable person. A nonresident may be appointed only in the court's discretion and must designate a Vermont resident agent. Vermont DMV accepts a letter from the Probate Court showing the appointment.

Claims arising before death must be presented within four months after the first publication of the notice to creditors. If no notice is published or given, claims must be presented within one year after death. Claims arising at or after death must be presented within four months after they arise (or performance is due). Claims not presented in time are barred against the estate, the fiduciary and the heirs. A disallowed claim is barred unless the creditor files a petition or starts a proceeding within 60 days after notice of disallowance is mailed.