The Vermont Statutes Online

Title 14: Decedents Estates and Fiduciary Relations

Chapter 075: License to Sell and Convey Real and Personal Property

• Subchapter 001: General Provisions

• § 1611. Court may order personal and real estate sold

  The Probate Division of the Superior Court may order the sale of all or part of the personal or real estate of the estate when it appears necessary or beneficial for the administration of the estate. (Amended 1985, No. 144 (Adj. Sess.), § 74; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• §§ 1612, 1613. Repealed. 2017, No. 195 (Adj. Sess.), § 9.

• § 1614. Interested persons may prevent sale; bond

  A license to sell real estate shall not be granted if any interested person gives a bond in such sum and with such sureties as the Probate Division of the Superior Court directs, conditioned to pay the debts and expenses of administration within such time as the court directs. The bond shall be for the security and may be prosecuted for the benefit of the creditors as well as of the executor or administrator. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• §§ 1615, 1616. Repealed. 2017, No. 195 (Adj. Sess.), § 9.

• Subchapter 002: Licenses to Sell-Procedure

• § 1651. License to sell estate; procedure

  When an executor or administrator considers it necessary or beneficial to sell real or personal estate, the Probate Division of the Superior Court may grant license, when it appears necessary or beneficial, under the following regulations:

  (1) The executor or administrator shall file a motion setting forth the facts that show the sale is necessary or beneficial.

  (2) In cases where the consent of interested persons is required, the executor or administrator shall file their written consents with the court.

  (3) In the event that the consent of interested persons is required but cannot be obtained, the court shall schedule a hearing and notice shall be given as provided in the Rules of Probate Procedure.

  (4) Before license is granted, the court may require the executor or administrator to give a new bond in an amount and with sureties as the court directs, conditioned that the executor or administrator shall account for the proceeds of the sale.

  (5) The executor or administrator shall be sworn before the court or before some other person authorized to administer oaths and a certificate thereof shall be returned to the court before sale under the order granting license.

  (6) If the evidence satisfies the court, the court may authorize the executor or administrator to sell that part of the estate deemed necessary or beneficial, either at public or private sale, and furnish the executor or administrator a copy of the license to sell or order of sale.

  (7) If the order is to sell the estate at auction, the court shall designate the manner of notice of the time and place of sale, which shall be stated in the copy of the license to sell or order of sale furnished to the executor or administrator.

  (8) The copy of the license to sell or order of sale furnished to the executor or administrator shall include findings addressing the requirements of subdivisions (1) through (4) of this section. A certified copy of the license to sell real estate or order of sale shall be recorded in the office where a deed of the real property to be sold is recorded.

  (9) If ordered by the court, the executor or administrator shall file a report with the Probate Division of the Superior Court on the action authorized by each license granted under this section within 60 days from the date of the sale of any real or personal property.

  (10) If the power to sell all or part of the testator’s real or personal estate is expressly conferred by the will, the court shall issue a license to sell to the executor or administrator without requiring notice or hearing with respect to any property subject to the testamentary power, except a dwelling house in which the surviving spouse or an heir, devisee, or legatee is residing.

  (11) Notwithstanding any provision of this section, no beneficial license to sell that is inconsistent with the provisions or intent of a will shall be issued. (Amended 1981, No. 75; 1985, No. 144 (Adj. Sess.), § 76; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1652. Deed of executor or administrator

  The deed of an executor or administrator, who has obtained a certified copy of an order of sale or license to sell real estate from the Probate Division of the Superior Court, shall be valid to convey the real estate of a deceased person thereby authorized to be sold. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1653. Repealed. 2017, No. 195 (Adj. Sess.), § 9.

• § 1654. Disposal of proceeds of beneficial sale

  In case of the sale of property for the benefit of interested persons, the proceeds shall be decreed to those persons otherwise entitled to the property. (Amended 2017, No. 195 (Adj. Sess.), § 9.)

• § 1655. Repealed. 2017, No. 195 (Adj. Sess.), § 9.

• § 1656. Estate sold to pay debts and legacies in other states

  When the sale of real or personal estate is not necessary to pay the debts of the deceased person in this State, and it appears to the Probate Division of the Superior Court by the records and proceedings of a Probate Division in another state that the estate of the deceased in the other state is not sufficient to pay the debts and legacies in that state, the Probate Division of the Superior Court in this State may license the executor or administrator to sell the real or personal estate for the payment of debts and legacies in the other state, in the same manner as provided for the payment of debts and legacies in this State. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1657. Real estate sold to pay legacy

  When the personal property of the estate is insufficient to satisfy a legacy given by will, the executor may be licensed by the Probate Division of the Superior Court to sell real estate of the estate for the purpose of paying the legacy. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1658. Death, resignation, or removal of fiduciary; new license

  In case of the death, resignation, or removal of an executor or administrator before the completion of a sale of real estate under a license granted by the Probate Division of the Superior Court, on motion at any time within two years after issuing a prior license, the court may issue a new license to the successor fiduciary without further notice or hearing. (Amended 1985, No. 144 (Adj. Sess.), § 78; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1659. License when deceased under contract to convey; court may grant; effect of deed

  (a) When a decedent had contracted to convey real estate and the party contracted with has performed or is ready to perform the conditions of the contract, on motion for that purpose, the Probate Division of the Superior Court may grant license to the executor or administrator of the estate to convey the lands according to the contract, including any modifications to it. If the executor or administrator is the transferee under the contract, the judge of the court shall execute the deed. The deed executed by the executor, administrator, judge, or special administrator or master appointed by the court shall be valid to convey the real estate authorized to be conveyed under the contract.

  (b) The Probate Division of the Superior Court shall not grant a license to convey the real estate of a deceased person under contract if it appears to the court after hearing that the assets in the hands of the executor or administrator will be reduced by the conveyance in an amount that prevents a creditor from receiving the whole debt and the value of the real estate to be sold is materially greater than the contract price. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1660. Repealed. 2017 No. 195 (Adj. Sess.), § 9.

• § 1661. Real estate held in trust; license to convey to beneficiary

  When a person dies seized of real estate held in trust for another person or seized of real estate by virtue of a decree of foreclosure or sale on execution to the deceased or to an executor or administrator on a debt nominally owed to the deceased but actually owed to another person, after notice, the Probate Division of the Superior Court may grant license to the executor or administrator to convey the real estate to the person, or to an executor or administrator, for whose use and benefit they are held, and the court may decree the execution of the trust, whether created by deed or by law. (Amended 1985, No. 144 (Adj. Sess.), § 80; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• § 1662. Sale of encumbered property of deceased; disposition of surplus

  When the executor or administrator is licensed to sell real or personal estate of the decedent that is subject to any mortgage or other lien, the net sale proceeds shall be first applied to the payment of the secured debt. If the property sold is subject to a devise under the will of the decedent, any surplus sale proceeds shall be distributed to the devisee of the property. If the property sold is not subject to a devise under the will of the decedent, any surplus sale proceeds shall be administered by the executor or administrator as property of the estate. (Amended 1985, No. 144 (Adj. Sess.), § 81; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)

• §§ 1663, 1664. Repealed. 2017, No. 195 (Adj. Sess.), § 9.

• § 1665. Exception; application of law

  Section 1662 of this title shall not affect the rights of a surviving spouse, but shall apply to the application of the net proceeds of a sale of mortgaged real estate sold pursuant to a license granted by the Probate Division of the Superior Court after February 1, 1901. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)