If an executor is not named in the will, or if a person dies intestate, appointments
to administer the estate may be made in the following manner:
(1) To the surviving spouse or next of kin, or both, or the person nominated by the surviving
spouse or next of kin.
(2) If the surviving spouse or next of kin or the person nominated by them is unsuitable,
or if the surviving spouse or the next of kin does not within a reasonable period
of time after the death of the person apply for letters of administration or nominate
another person to whom letters of administration may be granted, the court may grant
letters of administration to one or more of the principal creditors, if competent
and willing to serve.
(3) If there is not a creditor who is competent and willing to serve, letters of administration
may be issued to another person appointed by the Probate Division of the Superior
Court in its discretion.
(4) If the appointment is to enable a quiet title action or another action to clear title
to lands, the court may appoint a suitable person as the administrator for that purpose
upon application of the reputed owner of the land formerly owned by the decedent. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 5.)
Notes of Decisions
Cited in 8
cases (1 in the last 5 years), 1980–2023 · leading case: Baker v. State, 744 A.2d 864 (Vt. 1999).
Baker v. State, 744 A.2d 864 (Vt. 1999). · cites it 2ד§§ 401-404, 551; preference in being appointed as the personal representative of a spouse who dies intestate, under 14 V.S.A. § 903; the right to bring a lawsuit for the wrongful death of a spouse, under 14 V.”
In Re Est. of Lamore, 2009 VT 114 (Vt. 2009). · cites it 5דThe probate court held that because decedent’s daughter was a minor and therefore unsuitable to be administrator of the estate, decedent’s mother should be appointed administrator.”
Fletcher v. Ferry, 2007 VT 8 (Vt. 2007). “See 14 V.S.A. § 903(2) (stating that if a person dies intestate, administration of the estate "may be granted to one or more of the principal creditors").”
Parent v. Beeman, 420 A.2d 866 (Vt. 1980). “Service was indeed possible; all that needed to be *612 done was to proceed under 14 V.S.A. § 903, absent administration within thirty days of death, and petition for and secure such administration, as a creditor.”
in re namiot (Vt. Super. Ct. 2023). · cites it 4ד, in his capacity as co-guardian of the decedent’s minor children, qualify as next of kin for purposes of consideration as potential administrators under 14 V.S.A. § 903 (2). The court heard evidence from witnesses, including both proposed administrators.”
Fletcher v. Ferry, 2007 VT 8 (Vt. 2007). “See 14 V.S.A. § 903(2) (stating that if a person dies intestate, administration of *299 the estate “may be granted to one or more of the principal creditors”).”
In re: Est. of Lisa L. Namiot (Vt. Super. Ct. 2010). · cites it 4ד, in his capacity as co-guardian of the decedent’s minor children, qualify as next of kin for purposes of consideration as potential administrators under 14 V.S.A. § 903 (2). The court heard evidence from witnesses, including both proposed administrators.”
In re Est. of Danielle Morin (Vt. 2013). “Under 14 V.S.A. § 903(1)-(2), if a person dies intestate, as here, “administration shall be granted” to the “next of kin” if there is no surviving spouse unless the next of kin is “unsuitable.”
— Vt. Stat. Ann. tit. 14, § 903(1) — 1 case
In re Est. of Danielle Morin (Vt. 2013). “Under 14 V.S.A. § 903(1)-(2), if a person dies intestate, as here, “administration shall be granted” to the “next of kin” if there is no surviving spouse unless the next of kin is “unsuitable.”
— Vt. Stat. Ann. tit. 14, § 903(2) — 2 cases
Fletcher v. Ferry, 2007 VT 8 (Vt. 2007). “See 14 V.S.A. § 903(2) (stating that if a person dies intestate, administration of the estate "may be granted to one or more of the principal creditors").”
Fletcher v. Ferry, 2007 VT 8 (Vt. 2007). “See 14 V.S.A. § 903(2) (stating that if a person dies intestate, administration of *299 the estate “may be granted to one or more of the principal creditors”).”
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