Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Vermont law, a personal representative (also called a fiduciary) must give notice to creditors of an estate. Proper notice triggers the two-year deadline for creditors to present claims. To rely on the two-year rule, you must verify that the original estate administrator satisfied both the mailed and published notice requirements.
Key statutory requirements:
- Mailing to known creditors: Within three months of appointment, the fiduciary must mail individual notice to all reasonably ascertainable creditors (14 V.S.A. § 303(a)).
- Publication notice: The fiduciary must publish notice once a week for two consecutive weeks in a newspaper of general circulation in the county where probate occurs (14 V.S.A. § 303(b)).
- Two-year deadline: After two years from the date the fiduciary was appointed, any claim not presented is barred (14 V.S.A. § 306).
To verify compliance in the original estate file, follow these steps:
- Identify the probate case: Note the decedent’s name, date of death, county of residence, and the probate case number. You can find this on letters of appointment or through the probate court clerk.
- Obtain the court file: Visit the Probate Division of the Superior Court in the county where the estate was opened. Request a copy of the estate’s file, including all notices, affidavits, and proof of publication.
- Review the Notice to Creditors: Look for the fiduciary’s affidavit of mailing. This document lists recipients and mailing dates. Confirm the date falls within three months of the fiduciary’s appointment.
- Check the proof of publication: Find the newspaper’s certificate or publisher’s affidavit confirming two consecutive weekly publications. Confirm the publication dates.
- Confirm the fiduciary’s appointment date: Only claims filed within two years of that date remain valid. Compare the appointment date with today’s date to see if the two-year window has closed.
- Follow up on missing records: If you cannot locate proof of notice, ask the clerk to check archived files or microfilm. You can also contact the newspaper directly to request past publication records.
Helpful Hints
- Bring the probate case number and decedent’s name when you visit the court clerk.
- Ask for certified copies of the affidavit of mailing and publication certificate to maintain a clear record.
- Search local library archives or the newspaper’s website for back issues if the court file is incomplete.
- Keep digital or hard-copy notes of all dates you uncover—notice dates and appointment dates.
- Consider consulting a probate attorney if notice appears defective or missing, as you may have grounds to challenge or extend the deadline.