Vermont Probate Division
Frequently Asked Questions
The Probate Division will tell you what kind of bond is required. Sometimes the court “waives” a surety. That means, you simply read and sign the bond before a witness and return it. If a personal surety is required, often you need a financially responsible person to join with you in the obligation of the bond. If you violate your duties and cause a loss, both you and the surety are potentially liable on the bond. If a commercial surety is required, then you will need to locate an insurer who writes fiduciary bonds. Depending upon the amount of the bond, there may be a bonding fee for this sort of surety.
If you have a claim against an estate, you must file it with the Probate Division in which the estate is pending and with the fiduciary. There are time limitations on the filing of claims, after which your claim will not be honored, so it is important to file the claim as soon as possible. You should prepare documentation of your claim for presentation to the court and the fiduciary. You may use Probate Form 34 to make your claim.