Inventory and Disposition of Estate

V.S.A. tit. 14, ch. 111, subch. 4

in effect

14 V.S.A. § 2791 Inventory

2791. Inventory When his or her ward has estate, real or personal, a guardian appointed by the Probate Division of the Superior Court shall make and return an inventory thereof, agreeably to the condition of his or her bond. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2792 Appraisal to be made; exception

2792. Appraisal to be made; exception Except in the following cases, such guardian shall cause the estate to be appraised by two or more disinterested persons, to be appointed by the Probate Division of the Superior Court: (1) when all the estate of the ward is in money, stocks, notes or other demands; (2) when the ward is a minor, and his or her estate, besides money, stocks, notes or other demands does not amount to the sum of $50.00; (3) when the value of the estate appears by the records of the court to which the inventory is returnable. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2793 Guardian to account for and dispose of personalty

2793. Guardian to account for and dispose of personalty A guardian shall account for and dispose of the personal estate of his or her ward, as administrators account for and dispose of personal estate in the settlement of estates.

14 V.S.A. § 2794 Citation of person suspected of embezzling or secreting

2794. Citation of person suspected of embezzling or secreting If a guardian, ward, creditor or heir apparent of a ward files a motion complaining to the Probate Division of the Superior Court that a person is suspected of having concealed, embezzled, or conveyed away money, goods, or chattels of the ward, or that such person has possession or knowledge of deeds or other writings that would furnish evidence of a right, title, interest, or claim of the ward in or to real or personal estate, the court may cite that person to appear before it to be examined on oath upon the matter. Amended 1979, No. 76, § 7; 1985, No. 144 (Adj. Sess.), § 132; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2795 Commitment for disobedience; examination

2795. Commitment for disobedience; examination If the person so cited does not appear and submit to examination, or answer lawful interrogatories, the Probate Division of the Superior Court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given. Interrogatories shall be in writing, signed by the party examined, and filed in the court. Amended 1985, No. 144 (Adj. Sess.), § 133; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2796 Citation; costs

2796. Citation; costs Such citation shall issue and costs be taxed, as provided in case of similar citations in the settlement of estates.

14 V.S.A. § 2797 Guardian to manage estate and maintain ward

2797. Guardian to manage estate and maintain ward A guardian shall manage the estate of his or her ward frugally and without waste and in a manner most beneficial to the ward and out of the estate of his or her ward shall provide for the maintenance of the ward and his or her family, according to his or her condition and property.

14 V.S.A. § 2798 Guardian may sell personalty and support ward

2798. Guardian may sell personalty and support ward When it is necessary or for the interest of his or her ward, the guardian shall sell his or her personal estate. Out of the proceeds, and the income of his or her real estate, if sufficient, such guardian shall pay the necessary expenses of the maintenance and education of his or her ward.

14 V.S.A. § 2800 Disputed claim may be referred

2800. Disputed claim may be referred When there is a disputed claim between a guardian, on behalf of the ward, and any other person, with the consent of the parties in writing the Probate Division of the Superior Court may refer it to a master as provided by the Rules of Probate Procedure. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1985, No. 144 (Adj. Sess.), § 134; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2801 Guardian may discharge mortgage; consent to sale of realty

2801. Guardian may discharge mortgage; consent to sale of realty On payment to him of the sum due on a real estate mortgage, a guardian may give an acquittance or release of the claim of his ward as mortgagee or assignee under such mortgage, and may give the consent of his ward to the sale of real estate when such consent is required by law.

14 V.S.A. § 2802 Partition of estate of which ward has an undivided interest

2802. Partition of estate of which ward has an undivided interest When a ward is joint tenant or tenant in common with others, the ward’s guardian may agree with the other joint tenants or tenants in common, to make partition of the lands so held. When that agreement is made in writing and filed with the Probate Division of the Superior Court, the Probate Division of the Superior Court may make the partition. A certified copy thereof shall be recorded in the office where by law a deed of those lands is required to be recorded, and the partition shall be binding on the ward, the ward’s heirs and assigns and on the parties to the agreement. Amended 1971, No. 179 (Adj. Sess.), § 9; 1985, No. 144 (Adj. Sess.), § 135; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2803 Court may order personalty sold and proceeds invested in real estate

2803. Court may order personalty sold and proceeds invested in real estate (a) On motion of a guardian, a ward, or relative of a ward, or of a person interested in a ward’s estate, by order, the Probate Division of the Superior Court may authorize or require the guardian to sell and transfer stock or other personal estate of the ward, collect demands, and invest in real estate the proceeds and the monies in the hands of the guardian, if the court deems it beneficial to the ward. (b) The court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure. Amended 1979, No. 76, § 8; 1985, No. 144 (Adj. Sess.), § 136; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

14 V.S.A. § 2804 Court may order estate paid to guardian in other state

2804. Court may order estate paid to guardian in other state When a minor or other person having a guardian appointed by a Probate Division of the Superior Court in this State, has a guardian in another state or country, and it appears to the Probate Division of the Superior Court having jurisdiction in this State that it is necessary and would be beneficial to the interests of such ward to use a part or all of his or her estate in this State to protect his or her interests and property in the other state or country, such court may order the guardian in this State to pay over to the guardian in the other state or country such part of the ward’s estate in this State as may be necessary to protect the ward’s interests in such other state or country. Such an order shall not be made unless it appears to the Probate Division of the Superior Court that the guardian in such other state or country has by bond or otherwise given satisfactory security for the faithful execution of his or her trust. Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

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