Vermont § 1852 - Motion for waiver of administration; order

Full text of Vermont Vermont Statutes Online § 1852 — Motion for waiver of administration; order, with citation guidance and answers to common questions.

§ 1852. Motion for waiver of administration; order

  • (a) A motion for waiver of administration may be submitted to the Probate Division of
    the Superior Court with the petition to open the estate or at any time before an accounting
    is due. The motion shall be made under oath and shall state that: (1)(A) if the decedent died testate, the moving party is the sole beneficiary of the decedent’s
    estate, and has been nominated and proposes to serve as sole executor; or (B) if the decedent died intestate, the moving party is the sole heir of the decedent’s
    estate and proposes to serve as sole administrator; (2) the moving party is the sole fiduciary of the estate; (3) the decedent owned no real property in the State of Vermont; and (4) the administration of the estate will be complete without supervision by the Probate
    Division of the Superior Court in accordance with the decedent’s will and applicable
    law. (b) The court may grant the motion to waive further administration if it finds that: (1) the moving party is the only estate beneficiary under the will of a decedent or the
    only heir of a decedent who died intestate; (2) the moving party is the sole fiduciary of the estate; and (3) the decedent owned no real property in the State of Vermont. (c) If the court grants a motion to waive further administration filed under subsection
    (a) of this section, it shall issue an order waiving the duty to file an inventory,
    waiving or discharging the fiduciary bond, and dispensing with further filing with
    the court other than the final affidavit of administration. (Added 2017, No. 195 (Adj. Sess.), § 12.)

Source: official Vermont text · Last verified 2026-08-27

Frequently Asked Questions About Vermont § 1852

What does Vermont Statutes Online § 1852 cover?

Section 1852 ("Motion for waiver of administration; order") is part of the Vermont Statutes Online, the codified statutory law of Vermont. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Vermont § 1852?

A common citation format is "Vermont Statutes Online § 1852" (Vermont). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Vermont law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Vermont official source linked on this page or consult a licensed Vermont attorney.

How does Vermont § 1852 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Vermont can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Vermont.