What documentation is required to apply for letters of administration in Vermont?
Applying for Letters of Administration in Vermont: Documentation Requirements Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation. Detailed Answer When a person dies without a will (intestate) in Vermont, a close relative or another interested party may petition the […]
Read article →How to Determine if a Probate Estate Has Been Opened for a Decedent in Vermont
Detailed Answer Disclaimer: This article is for educational purposes only and not legal advice. Under Vermont law, the Probate Division of the Superior Court handles all probate estates (14 V.S.A. § 1-103). To find out if a probate estate has been opened for a decedent, follow these steps: 1. Identify the Correct Probate Division Probate […]
Read article →What information is needed to request estate files from a county probate division in VT?
Detailed Answer In Vermont, county probate divisions maintain estate files that include wills, inventories, accountings and related estate documents. You can request copies of these records in person, by mail, email or through an online portal (if available). To streamline your request, gather the following information before contacting the probate office: Decedent’s Full Legal Name: […]
Read article →How Can Service of Process Be Handled for Minors or Individuals Under Guardianship in VT?
Detailed Answer Under Vermont law, service of process on minors and individuals under guardianship follows the Vermont Rules of Civil Procedure. These rules ensure that a minor’s parent or guardian receives notice before the minor is bound by a civil proceeding, and protect wards by requiring service on their court-appointed guardians. Service on Minors V.R.C.P. […]
Read article →How to Include Real Property in a Vermont Estate
Detailed Answer Including real property in an estate under Vermont law involves a series of statutory steps in the probate process. Follow these phases to ensure the court recognizes and administers the property properly. 1. Determine the Need for Probate First, confirm whether probate is necessary. Vermont law generally requires probate for decedent-owned real property. […]
Read article →How to Obtain and Use a Court-Ordered Subpoena to Gather Estate Records in Vermont
Detailed Answer Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney for guidance on your specific situation. 1. Identify the Records You Need Begin by determining which estate records you want to gather—such as bank statements, deeds, tax returns or fiduciary reports. Be as specific as possible. […]
Read article →What authorization forms must an heir sign to direct distribution of real property sale proceeds? – VT
Detailed Answer In Vermont, when a decedent’s estate includes real property, the personal representative (executor or administrator) must obtain court approval before selling the land. Heirs can streamline the process and direct how sale proceeds are disbursed by signing specific authorization forms. These forms satisfy statutory requirements and often eliminate the need for a formal […]
Read article →How Can a Former Spouse or Survivor Claim Surplus Funds After the Owner’s Death or Divorce?
How Can a Former Spouse or Survivor Claim Surplus Funds After the Owner’s Death or Divorce? Detailed Answer When a Vermont foreclosure sale yields more than the outstanding debt and costs, the lender must deposit the surplus with the court. 12 V.S.A. § 4633 requires the trustee to file those funds within 30 days of […]
Read article →How to Distinguish Estate Assets from Corporate Assets in Vermont
How to Distinguish Assets Belonging to a Deceased Person’s Estate from Those Held by a Corporation in Vermont Detailed Answer When someone dies, their personal assets pass through probate, while assets owned by a corporation remain with the corporate entity. Under Vermont law, the key factors are title, corporate records, and statutory separateness. 1. Examine […]
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