§ 107. Allowance of will; custody of property
(a) If consents are filed by all the heirs at law and surviving spouse, a will may be allowed without hearing. If consents are not obtained, the court shall schedule a hearing and notice shall be given as provided by the Rules of Probate Procedure.
(b) Objections to allowance of the will must be filed in writing not less than seven days prior to the hearing. In the event that no timely objections are filed, the court may:
(1) allow the will on the testimony of only one of the subscribing witnesses if the witness testifies that the will was executed as provided in chapter 1 of this title; or
(2) allow the will without hearing if it meets criteria set out in section 108 of this title.
(c) After delivery of the will to the court, the person named as executor in the will shall have power pending allowance thereof, to assume custody of the estate for its preservation until a special or other administrator is appointed and qualifies. (Amended 1975, No. 240 (Adj. Sess.), § 1; 1985, No. 144 (Adj. Sess.), § 17; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 2; 2019, No. 36, § 2; 2019, No. 167 (Adj. Sess.), § 15, eff. October 7, 2020.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 3 - Probate and Procedure for Construction of Wills
§ 101. Will not effective until allowed
§ 102. Allowance conclusive as to execution
§ 103. Custodian of will to deliver
§ 104. Executor to present will and accept or refuse trust
§ 106. Duty of custodian of will; liability
§ 107. Allowance of will; custody of property
§ 110. Absence of witness, proof
§ 111. Notice to beneficiaries
§ 112. Wills made out of state
§ 113. Wills allowed out of state—Generally