Vermont Restrictions on Who Can Serve as Executor

Learn the rules about who can be your executor in Vermont.

One of the most important reasons to make a will is to name your executor. After your death, your executor’s primary job is to protect your property until any debts and taxes have been paid, and then transfer what’s left to those who are entitled to it.

Every state has some rules about who may serve as the executor of an estate that goes through probate. Here are the requirements in Vermont.

Basic Requirements for Serving as a Vermont Executor

Your executor must be:

  • at least 18 years old, and
  • of sound mind -- that is, not judged incapacitated by a court.

(Vt. Stat. Ann. tit. 1 § 173, tit. 14 § 910.)

Many states prohibit people who have felony convictions from serving as executor. In Vermont, however, there is no statute prohibiting you from naming an executor who has been convicted of a felony.

Vermont Restrictions on Out-of-State Executors

For practical reasons, it’s smart to name an executor who lives near you. Your executor may have to handle day-to-day matters for weeks, months, or sometimes longer. If you must appoint an executor who lives far away, you should know the requirements Vermont imposes on out-of-state executors.

In Vermont, a nonresident executor must be approved by the probate court judge and appoint someone who lives in the state to act as a resident agent. Your executor’s in-state agent will accept legal papers on behalf of your estate. (Vt. Stat. Ann. tit. 14 § 904.)

Learn More

If you want to know more about an executor’s duties and responsibilities in Vermont, the Vermont Probate Court offers a brochure describing the probate process.

For more information about choosing your executor and making your will, see the Wills section of Nolo.com.

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