Vermont Statutes Title 14 Sec. 114
Terms Used In Vermont Statutes Title 14 Sec. 114
- Ancillary administration: Probate administration of property (usually real property) owned in a State other than the one in which the decedent had his (her) principal residence at the time of death.
- Decedent: A deceased person.
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- Probate: Proving a will
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
§ 114. Petition and hearing on
(a) When a will has been allowed in any other state or country, as provided in section 113 of this title, an executor or other person interested may file a petition for ancillary administration. The petition shall contain:
(1) a duly authenticated copy of the decedent‘s will and the allowance thereof, where probate is required by the laws of the state or country; or
(2) a duly authenticated certificate of the legal custodian of the original will that the same is a true copy and that the will has become operative by the laws of the state or country, where probate is not required by the laws of the state or country; or
(3) a copy of a notarial will in possession of a notary in a foreign state or country entitled to the custody thereof and duly authenticated by the notary, the laws of the state or country requiring that the will remain in the custody of the notary.
(b) After receiving a petition for ancillary administration, the Probate Division of the Superior Court shall schedule a hearing and require notice as provided by the Rules of Probate Procedure. Objections to allowance of the will in Vermont shall be filed in writing not less than 14 business days prior to the hearing. In the event that no objections are filed, the will shall be allowed without hearing. (Amended 1985, No. 144 (Adj. Sess.), § 21; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2.)