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Jenna Zebrowski, JD, MBA
Attorney
Jenna Zebrowski is a JD/MBA graduate from Texas Tech University School of Law. After working in Mexico City for 3 years, she returned to the US and spent over a decade working in-house for large and small companies, including franchises, in a real estate leasing capacity, as well as in the mortgage and title industries. In private practice since 2019, Jenna is passionate about advocacy and protection for her clients’ rights, working collaboratively towards problem prevention, and solution, when necessary.
During the probate process in Vermont, a Motion to Waive Notice to Creditors might be useful when a fiduciary handling an estate determines that notifying creditors is unnecessary under specific circumstances. This decision usually occurs after the initial steps in the probate process have been taken, such as filing a Petition for Probate or Appointment of a Fiduciary.
- Petition for Probate
- Appointment of Fiduciary
- Inventory of Estate Assets
If, in managing the estate, it is evident that: (i) there are no outstanding debts; (ii) all debts are known and payable; or (iii) the estate value is minimal and intended solely for the surviving spouse's support, then the fiduciary may request a waiver of the creditor notice. This motion can streamline the probate process. After waiving this notice, fiduciaries can focus on settling the estate.
1. Download and Complete the Form: Obtain the 700-00033 form from the Vermont Judiciary website. Fill it out with accurate information regarding the estate and fiduciary details.
2. Choose the Appropriate Option: Select the applicable option to justify the waiver of notice to creditors—no debts, known debts with funds to pay, or estate value not exceeding $2,500 assigned to surviving spouse.
3. Sign the Declaration: Ensure the fiduciary signs the form to declare the truthfulness of the information.
4. File with the Probate Division: Submit the completed form to the Probate Division of the Superior Court in the relevant Vermont county where the estate is being processed.
5. Await Court Approval: Once filed, the court will review the motion and, if it meets the requirements, will issue an order granting the waiver of notice to creditors.
Decedent Debts
Choose the correct option carefully based on the decedent’s financial situation: if there are no debts, if all debts are known and covered by the estate's funds, or if the estate's value is under $2,500 and meant for the surviving spouse's support. Incorrect selection can lead to legal issues later.
Creditor Claims Period
Understand that waiving notice does not eliminate the risk of creditor claims. Creditors can still file claims up to one year from the decedent’s date of death, despite the waived notice.
Perjury Risk
Be truthful in your declarations. False statements can result in perjury charges or other court-imposed sanctions, potentially complicating the probate process significantly.
1
Wait for the court to process your submitted Motion to Waive Notice to Creditors. You will receive a response from the probate division of the Vermont Superior Court.
2
If the motion is granted, retain a copy of the court order waiving the notice as part of your estate documentation for future reference or audit.
3
If the court requires further information or clarification, respond promptly to any communication or request for additional documentation.
4
In the event the motion is denied, prepare to send out the requisite notice to creditors as per the estate's obligations under Vermont probate law.
5
Continue administering the estate according to Vermont’s probate procedures, ensuring all debts and obligations are met if applicable.
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The information provided on this website/page is for general informational purposes only. It should not be construed as legal advice, nor does it create an attorney-client relationship between the author and any readers or users of this content.
