Vt. R. Prob. P. 13

As amended through November 4, 2024
Rule 13 - Elections in Estates
(a) Notice to surviving spouse. Within 30 days after an executor or administrator is appointed, the court shall send by first class mail or otherwise cause to be delivered to the surviving spouse a notice informing the surviving spouse of the following elections and rights available:
(1) The election to waive the provisions made for the spouse in the will and to take a share of the decedent's estate pursuant to 14 V.S.A. § 319.
(2) The right to have the homestead set out pursuant to 27 V.S.A. § 105.
(3) The right to request that household goods and furnishings be awarded to the surviving spouse pursuant to 14 V.S.A. § 312.
(4) The right to request an allowance for maintenance of the surviving spouse and minor children, or either, pursuant to 14 V.S.A. § 316.
(b) Elections by the spouse. Unless the time is extended by the court, the election and right specified in subdivisions (a)(1)-(2) shall be made or asserted within 8 months after the will is proved or letters of administration are granted. The elections shall be made on the official form contained in these rules. The court may schedule a hearing, on the motion of a party or on its own motion, to determine the validity of any request made pursuant to subdivision (a), and its effect on the distribution of the estate. Any party may appear at the hearing and contest the validity or effect of any such request.

Vt. R. Prob. P. 13

Amended May 14, 1986, eff. 7/1/1986; 6/27/1995 eff. 9/5/1995; 12/18/2007, eff. 2/19/2008; 6/21/2011, eff, 8/22/2011.