In re Estate of Bedard
In re Estate of Bedard
Opinion of the Court
Appellee, who was injured in an accident allegedly caused by the negligence of the decedent insured, filed a petition in probate court to open administration of an intestate estate for the insured after the probate court in the insured’s resident state declined to do so based on its conclusion that he did not own real or personal property there. Appellant insurer intervened to challenge the probate court’s jurisdiction to administer an estate for a nonresident who owned no property in Vermont other than the right to exoneration under its liability insurance policy. Appellant appeals from the superior court’s conclusion that the probate court had jurisdiction to administer the estate.
At issue is whether the right of exoneration under a liability insurance
More importantly, the rule is completely consistent with our statutory law. Administration of the estate of a nonresident decedent shall be allowed “in the probate court of any district in which he had estate.” 4 V.S.A. § 313. Similarly, venue for administration of the estate of a nonresident decedent shall lie “in any district where estate of the decedent is situated.” 4 V.S.A. § 311a(2). Personal estate is defined broadly as “all property other than real estate.” 1 V.S.A. § 129. This broad definition includes a potential right of exoneration, despite the fact that the value of the right is conditioned upon proof of the insured decedent’s liability. See Robinson v. Dana’s Estate, 174 A. 772, 775 (N.H. 1934) (although right of exoneration is conditional, “[i]t is estate, in the statutory meaning, owned by the decedent when he died”). Administration of the estate is particularly appropriate here because Vermont is the situs of the accident that allegedly incurred liability under appellant’s policy and because there is no undue burden on the domiciliary state. See Estate of Van Trump, 517 P.2d at 859. Indeed, there is no domiciliary estate or jurisdiction in this case, and thus no alternative forum. Public policy and equity favor administration of the estate in Vermont.
Affirmed.
Reference
- Full Case Name
- In re ESTATE of J. Pierre BEDARD
- Status
- Published