Thursday, February 17, 2011 NEET Tips
NEET Tips answers questions posed online to the NEET website
How long does a person have to contest a will in Vermont probate?
When an executor or other person submits a will and a petition to commence a probate proceeding to the relevant Probate Court in Vermont, they must also send notice of the proceeding to all interested persons. Often the executor will have obtained all of the interested person’s consents to the validity of the will. Interested persons in Vermont include heirs, devisees, legatees, children, spouses, and such other persons as the Probate Court directs. Notice should also be sent to the trustee of any trusts to which assets of the decedent’s estate may be distributed, as well as other fiduciaries representing interested persons, such as a guardian.
If not everyone consented to the validity of the will, the Probate Court will schedule a hearing date no less than 14 days after all interested persons were served proper notice. Anyone contesting the will should file a written answer to the petition prior to the hearing, and may provide an oral answer at the hearing, unless the court directs otherwise. Thus, there is no set number of days allowed to contest a will in Vermont, instead a written answer should be filed with the Probate Court before the first hearing is scheduled. |