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700-00033 Guidance: Motion to Waive Notice to Creditors (Vermont)

The 700-00033 Motion to Waive Notice to Creditors form is used in Vermont probate cases when a fiduciary wishes to request that the requirement to notify creditors about the estate be waived, either because there are no debts, the debts are known and can be covered, or the estate's value is minimal and designated for a surviving spouse. Jump to guide on filling it out.

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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.

Reviewed By

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.

Tips for filling out form 700-00033

When completing form 700-00033, pay special attention to these less obvious sections:

Item 1

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.
Item 2

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.
Item 3

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.

What to do after filing form 700-00033

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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