Vermont Statutes Annotated

Vt. Stat. Ann. tit. 14, § 1401 (2026)

Executor or administrator may sue and defend

✓ current as of May 2026

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Subchapter 001 : GENERAL PROVISIONS

(Cite as: 14 V.S.A. § 1401)

§ 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.)

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1971–2025 · leading case: Est. of Emil Kuhling by Richard W. Kuhling v. Taylor Glaze, 196 A.3d 1125 (Vt. 2018).

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Est. of Emil Kuhling by Richard W. Kuhling v. Taylor Glaze, 196 A.3d 1125 (Vt. 2018). “" 14 V.S.A. § 1401 ; see id . § 1451 (listing specific causes of action that survive person's death).”

State v. Therrien, 633 A.2d 272 (Vt. 1993). “” 14 V.S.A. § 1401. Additionally, “[a] person having a contingent or other claim against a deceased person may prosecute the same against the executor.”

Caroline Maier v. Siegfried Maier, 2021 VT 88 (Vt. 2021). “” 14 V.S.A. § 1401.; see also id. § 1451 (surviving actions include “actions that survive by common law”).”

Dodge v. Precision Constr. Prods., Inc., 2003 VT 11 (Vt. 2003). “See 14 V.S.A. § 1401 (administrator may prosecute “in the right of the deceased” actions that survive).”

Kusserow v. Blue Cross-Blue Shield Plan, 437 A.2d 1114 (Vt. 1981). “14 V.S.A. §§ 1401 et seq. and 1410. As a fiduciary, it was incumbent upon her to do so.”

Willette v. Vermont Dep't of Soc. Welfare, 276 A.2d 608 (Vt. 1971). “Appellee also urges that the administratrix is without authority to prosecute this appeal in that there is nothing for her, as such, to “recover and protect” for the benefit of the estate.”

Satre v. Ralph (Vt. Super. Ct. 2020). “” 14 V.S.A. § 1401. Here, the administrator has brought an action for the recovery of the decedent’s dog through a form of action known as replevin.”

Clough v. Chatfield (Vt. Super. Ct. 2025). “Under 14 V.S.A. § 1401, executors and administrators of an estate may either sue or defend claims that “are necessary for the recovery and protection of the property or rights of the deceased .”

Pascarella v. Perry (Vt. Super. Ct. 2010). “14 V.S.A. § 1401. Thus, Morgan Perry and James Perry are not proper parties for joinder under either V.”

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