Rule 74 Waiver of Administration

(a) A motion to waive administration may be made at the time of filing the petition or at any time before an accounting is due. The motion shall be made under oath and shall state that

(1) the moving party:

(A) if the decedent died testate, is the sole beneficiary of the decedent’s estate and has been nominated to serve as sole executor, or

(B) if the decedent died intestate, is the sole heir of the decedent’s estate and proposed 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 will be completed without supervision of the Probate Division in accordance with the decedent’s will, if any, and applicable law.

(b) At any time after a petition to administer the estate has been granted, the court may grant a 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 administration or to waive further administration, the court shall issue an order waiving the duty to file an inventory, waiving or discharging a fiduciary bond, and dispensing with further filing with the court other than an affidavit of administration.

(d) The filing of the affidavit of administration concludes the administration of the estate and shall be filed not less than six months or more than one year after the date of appointment of the executor or administrator and shall state to the best of the knowledge information or belief of the executor or administrator:

(1) there are no outstanding expenses of administration or unpaid or unsatisfied debts, obligations, or claims attributable to the decedent’s estate; and

(2) no taxes are due to the State of Vermont, and tax clearance has been received from the Department of Taxes, a copy of which shall be attached to the affidavit.

(e) If the executor or administrator fails to timely file the affidavit of administration, the executor or administrator shall be in default. If the executor or administrator fails to file the affidavit, or request additional time to file the affidavit, within fifteen days after receiving the notice of default, the court may impose sanctions it deems appropriate, including the revocation of the waiver of administration. Notice of the default shall be provided by first-class mail or in accordance with the 2020 Vermont Rules for Electronic Filing if applicable.

(f) Upon receipt of the affidavit of administration, the court may issue such orders as may be necessary to distribute the assets of the estate to the sole beneficiary or sole heir of the estate.

(g) For purposes of this rule, the fiduciary is the sole heir or beneficiary of the decedent’s estate if the fiduciary is the sole first-tier beneficiary of a trust for that person or if the fiduciary is the trustee of the trust for that person.