§ 1455. Heir may not sue until share assigned
When an executor or administrator is appointed and assumes the trust, an action of ejectment, or other action to recover the seisin or possession of lands, or for damage done to the lands, shall not be maintained by an heir or devisee until there is a decree of the Probate Division of the Superior Court assigning the lands to the heir or devisee, or the time allowed for paying debts has expired, unless the executor or administrator surrenders the possession to the heir or devisee. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 7.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 71 - Actions by and Against Executors and Administrators
§ 1401. Executor or administrator may sue and defend
§ 1402. Sum recovered paid to person entitled thereto
§ 1410. Representative may compromise claims of the estate
§ 1411. Disputed claim may be referred
§ 1412. Claim between executor and estate
§ 1413. Debt as personalty; representative may foreclose mortgage
§ 1416. Estate not sued when masters appointed; exceptions
§ 1452. When actions for personal injury survive
§ 1453. Survival of causes of action
§ 1455. Heir may not sue until share assigned
§ 1491. Right of action where death results from wrongful act
§ 1492. Action for death from wrongful act; procedure; damages