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Vermont Statutes Title 14 Sec. 204

§ 204. Venue

(a) Except as otherwise provided in subsection (b) of this section, venue for a judicial proceeding involving a trust is in the probate district of this State in which the trust’s principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the probate district in which the decedent‘s estate is being administered.

(b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a probate district of this State in which a beneficiary resides, in a probate district in which any trust property is located, and if the trust is created by will, in the probate district in which the decedent’s estate was or is being administered. (Added 2009, No. 20, § 1.)

Terms Used In Vermont Statutes Title 14 Sec. 204

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Decedent: A deceased person.
  • Probate: Proving a will
  • State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.

Vermont Statutes Title 14 Sec. 204

Terms Used In Vermont Statutes Title 14 Sec. 204

  • Decedent: A deceased person.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator with the will annexed. See
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Probate: Proving a will
  • Trustee: A person or institution holding and administering property in trust.

§ 204. Definitions

As used in this title:

(1) "Interested person" includes heirs, devisees, legatees, children, spouses, creditors, beneficiaries, and any others having a property right in or claim against a trust estate or the estate of a decedent, or person under guardianship that may be affected by the proceeding. It also includes persons having priority for appointment as executor or administrator, and other fiduciaries representing interested persons. The parties at commencement of a probate proceeding shall include all interested persons. The meaning as it relates to particular persons may vary from time to time and shall be determined by the Rules of Probate Procedure.

(2) "Fiduciary" includes executor, administrator, special administrator, trustee, conservator, guardian of a minor, guardian of a spendthrift, voluntary guardian of a person who has an infirmity and total or limited guardian of an adult with a developmental disability, but excludes one who is merely a guardian ad litem.

(3) "Special fiduciary" means an individual appointed as provided by the Rules of Probate Procedure to assume the duties of a fiduciary suspended by the court.

(4) "Executor" includes administrator with the will annexed. (Added 1975, No. 240 (Adj. Sess.), § 6; amended 1985, No. 144 (Adj. Sess.), § 26; 2013, No. 96 (Adj. Sess.), § 62.)