General Provisions

V.S.A. tit. 14, ch. 71, subch. 1

in effect

14 V.S.A. § 1401 Executor or administrator may sue and defend

1401. Executor or administrator may sue and defend An executor or administrator may commence, prosecute, or defend, in the right of the deceased, actions that survive to the executor or administrator and are necessary for the recovery and protection of the property or rights of the deceased and may prosecute or defend the actions commenced in the lifetime of the deceased. Amended 2017, No. 195 (Adj. Sess.), § 7.

14 V.S.A. § 1402 Sum recovered paid to person entitled thereto

1402. Sum recovered paid to person entitled thereto When an executor or administrator commences or prosecutes an action founded on a debt, demand, or claim for damages, and is only a trustee of the claim for the use of another person, and where the claim, although prosecuted in the name of the executor or administrator, belongs to another person, the sum or property recovered shall not be assets in the hands of the executor or administrator, but shall be paid over to the person entitled to them, after deducting or being paid the costs and expenses of the prosecution. Amended 2017, No. 195 (Adj. Sess.), § 7.

14 V.S.A. § 1410 Representative may compromise claims of the estate

1410. Representative may compromise claims of the estate With the approval of the Probate Division of the Superior Court, an executor or administrator may compromise with a debtor of the deceased for a debt due and may give a discharge of the debt on receiving payment of the compromised amount. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 7.

14 V.S.A. § 1411 Disputed claim may be referred

1411. Disputed claim may be referred When there is a disputed claim between an executor or administrator on behalf of the estate and another person, it may be referred to a master as provided by the Rules of Probate Procedure. The award, made in writing and returned to and accepted by the court, shall be final between the parties. Amended 1985, No. 144 (Adj. Sess.), § 64; 2017, No. 195 (Adj. Sess.), § 7.

14 V.S.A. § 1412 Claim between executor and estate

1412. Claim between executor and estate When a claim exists between an executor or administrator and the estate, a special administrator may be appointed solely for the purpose of acting upon that claim. Amended 1985, No. 144 (Adj. Sess.), § 65.

14 V.S.A. § 1413 Debt as personalty; representative may foreclose mortgage

1413. Debt as personalty; representative may foreclose mortgage A debt secured by mortgage belonging to the estate of a deceased person as mortgagee or assignee of the right of a mortgagee, when the mortgage was not foreclosed in the lifetime of the deceased, shall be personal assets in the hands of the executor or administrator and administered and accounted for as such. The executor or administrator may foreclose the mortgage and take possession of the mortgaged premises as the decedent might have done in the decedent’s lifetime. Amended 2017, No. 195 (Adj. Sess.), § 7.

14 V.S.A. § 1416 Estate not sued when masters appointed; exceptions

1416. Estate not sued when masters appointed; exceptions Nothing in this chapter shall authorize a claimant to commence or prosecute an action against an executor or administrator where a master is appointed in the proceeding, nor where a time is allowed by an order of the Probate Division of the Superior Court for the executor or administrator to pay the debts against the deceased. Such an action shall not be commenced or prosecuted except as provided by law for that purpose. Amended 1985, No. 144 (Adj. Sess.), § 67; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 7.

14 V.S.A. § 1417 Prosecution of action

1417. Prosecution of action A person having a contingent or other claim against a deceased person may prosecute the claim against the executor, administrator, heirs, devisees, or legatees. An action commenced against the deceased before death may be prosecuted to final judgment. A claimant having a lien on the real or personal estate of the deceased, by attachment previous to death, on obtaining judgment, may have execution against the real or personal estate. Amended 1985, No. 144 (Adj. Sess.), § 68; 2017, No. 195 (Adj. Sess.), § 7.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/14/071Fetched: 10/21/2026