Vermont Statutes Title 14 Sec. 1852
Terms Used In Vermont Statutes Title 14 Sec. 1852
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Decedent: A deceased person.
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes executor, administrator, special administrator, trustee, conservator, guardian of a minor, guardian of a spendthrift, voluntary guardian of a person who has an infirmity and total or limited guardian of an adult with a developmental disability, but excludes one who is merely a guardian ad litem. See
- Intestate: Dying without leaving a will.
- Probate: Proving a will
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
- Testate: To die leaving a will.
§ 1852. Motion for waiver of administration; order
(a) A motion for waiver of administration may be submitted to the Probate Division of the Superior Court with the petition to open the estate or at any time before an accounting is due. The motion shall be made under oath and shall state that:
(1)(A) if the decedent died testate, the moving party is the sole beneficiary of the decedent’s estate, and has been nominated and proposes to serve as sole executor; or
(B) if the decedent died intestate, the moving party is the sole heir of the decedent’s estate and proposes to serve as sole administrator;
(2) the moving party is the sole fiduciary of the estate;
(3) the decedent owned no real property in the State of Vermont; and
(4) the administration of the estate will be complete without supervision by the Probate Division of the Superior Court in accordance with the decedent’s will and applicable law.
(b) The court may grant the motion to waive further administration if it finds that:
(1) the moving party is the only estate beneficiary under the will of a decedent or the only heir of a decedent who died intestate;
(2) the moving party is the sole fiduciary of the estate; and
(3) the decedent owned no real property in the State of Vermont.
(c) If the court grants a motion to waive further administration filed under subsection (a) of this section, it shall issue an order waiving the duty to file an inventory, waiving or discharging the fiduciary bond, and dispensing with further filing with the court other than the final affidavit of administration. (Added 2017, No. 195 (Adj. Sess.), § 12.)