2017 Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 77 - Decrees Of Distribution Or Partition Of Estates
§ 1743 Partial distributions
§ 1743. Partial distributions
Probate divisions of the superior courts are hereby authorized to issue orders directing payment of devises, legacies, bequests and partial payment of distributions or shares upon motion of the executor or an administrator for this purpose. An order shall issue when the court is satisfied that sufficient assets have been reserved by the executor or administrator in order to satisfy the several expenses mentioned in section 1721 of this title along with the anticipated administrative expenses and taxes that may be charged to the estate. In the event that the assets remaining in the hands of the executor or administrator thereafter are insufficient to satisfy the ultimate expenses and charges against the estate, those persons having received these distributions shall be liable to repay the executor or administrator on a pro rata basis. However, if the executor or administrator cannot collect against a person, the amount not recoverable shall be equitably apportioned by the court among the other persons subject to apportionment. (Added 1975, No. 240 (Adj. Sess.), § 8; amended 1985, No. 144 (Adj. Sess.), § 89; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)
