Payment of Debts of Ward

V.S.A. tit. 14, ch. 111, subch. 5

in effect

14 V.S.A. § 2841 Limiting time for payment of debts

2841. Limiting time for payment of debts When a ward owes debts at the time of the appointment of his or her guardian, the Probate Division of the Superior Court may allow the guardian a reasonable time, not exceeding one year, to dispose of the estate and collect the demands for the ward and pay such debts. In the discretion of the court, such time may be extended so as not to exceed two years in the whole. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2842 Realty to be taken when personalty exhausted

2842. Realty to be taken when personalty exhausted The personal estate of the ward shall be first used for the payment of his or her debts. If the personal estate and the income of his or her real estate are not sufficient, such expenses and debts shall be paid out of the real estate, when sold, according to law.

14 V.S.A. § 2843 Claims, time for presenting limited; when barred

2843. Claims, time for presenting limited; when barred On motion of the guardian, the Probate Division of the Superior Court may make an order requiring creditors of a ward to present their claims to the guardian for payment within a time to be limited by the court, which time shall not be more than 18 months nor less than six months. Notice shall be given as provided by the Rules of Probate Procedure. Claims not presented within the time limited shall be barred as against the guardian, unless after notice of the claims, there is estate in the guardian’s hands sufficient to pay all the debts against the ward. Amended 1985, No. 144 (Adj. Sess.), § 137; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2846 Court may order dividend

2846. Court may order dividend At the expiration of the time limited for creditors to present their claims, if it appears that the ward has not estate sufficient to pay his or her debts, the Probate Division of the Superior Court shall order the effects in the hands of the guardian for that purpose to be divided among the creditors in proportion to their claims. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2847 Allowance to guardian

2847. Allowance to guardian Before making a dividend, the court may allow to the guardian, out of the estate of the ward, a reasonable sum for his expenses in the management and settlement of the property for expenses in taking care of the person and family of the ward during the settlement, and for wearing apparel of the ward and his or her family.

14 V.S.A. § 2848 After dividend, claims barred as to guardian; exception

2848. After dividend, claims barred as to guardian; exception After the dividend is made, the creditors shall have no further claim against the guardian on their demands, except where estate of the ward afterwards comes to his or her possession or knowledge. In such case, the court may make another dividend among the creditors.

14 V.S.A. § 2849 Claims not barred

2849. Claims not barred Sections 2841-2848 of this title shall not bar the claims of creditors against the ward after he or she is discharged from guardianship.

14 V.S.A. § 2850 Ward not to be sued; action commenced before appointment may proceed

2850. Ward not to be sued; action commenced before appointment may proceed A writ or execution shall not be issued against a ward for a debt while he or she is under guardianship; but actions commenced against a person before the appointment of his guardian may be prosecuted to final judgment. A creditor may have execution against the real or personal estate of the ward on which he or she had a previous lien by attachment, and such real or personal estate may be disposed of according to law to satisfy such execution.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/14/111Fetched: 10/21/2026