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Vermont Decedent's Estate Closing Report and Discharge regarding Testate Estate

State:
Vermont
Control #:
VT-SM-184-07
Format:
PDF
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A07 Decedent's Estate Closing Report and Discharge regarding Testate Estate
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FAQ

Notify all creditors. File tax returns and pay final taxes. File the final accounting with the probate court. Distribute remaining assets to beneficiaries. File a closing statement with the court.

Q: How Long Does an Executor Have to Distribute Assets From a Will? A: Dear Waiting: In most states, a will must be executed within three years of a person's death.

An executor acts until the estate administration is completed or if they resign, die or are removed for cause.

Generally, an executor has 12 months from the date of death to distribute the estate. This is known as 'the executor's year'. However, for various reasons the executor may have been delayed and has not distributed the estate within this time frame.

There is no requirement that a will or property go through probate, but if the decedent owned property that is not arranged specifically to avoid probate, there is no way for the beneficiaries to obtain legal ownership without it.

If an estate is not properly probated and closed in a timely manner, there may be a number of consequences that can jeopardize the estate: The statute of limitations for creditors' claims is extended. Assets may lose value or be lost altogether. The state may claim the assets.

A simple estate with just a few, easy-to-find assets may be all wrapped up in six to eight months. A more complicated affair may take three years or more to fully settle.

The Executor's Final Act, Closing an Estate The personal representative, now without any estate funds to pay his lawyer, must respond. Even if the charges are baseless, the executor is stuck paying the legal bill. Instead, before making any distribution, the administrator should insist on receiving a release.

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Vermont Decedent's Estate Closing Report and Discharge regarding Testate Estate