The Vermont Statutes Online

Title 14: Decedents Estates and Fiduciary Relations

Chapter 079: Conveyance when Record Holder Deceased

• § 1801. Title in deceased persons; petition to Probate Division of the Superior Court

  When the record title to real estate or an interest therein stands in the name of a person who has been deceased for more than seven years and the estate of the person has not been probated and the interest of the heirs in that real estate has not been conveyed or has been defectively conveyed, the Probate Division of the Superior Court where venue lies, upon verified petition and after notice and hearing as provided by the Rules of Probate Procedure, shall determine whether the deceased person or the decedent’s heirs are possessed of an existing enforceable title or interest in that real estate. (Amended 1985, No. 144 (Adj. Sess.), § 90; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 11.)

• § 1802. Determination by court of persons entitled to estate

  If the court determines that the heirs or personal representatives of the deceased person are not at the time of the hearing in possession of the real estate and are not entitled to reenter it or to institute and maintain a suit to recover possession of it, the court shall adjudge and decree that the real estate constitutes no beneficial part of the estate of the deceased person and may appoint an administrator to convey the record title of the real estate to the person or persons adjudged by the court to be legally entitled to it. (Amended 2017, No. 195 (Adj. Sess.), § 11.)

• § 1803. Petition

  A petition under this chapter may be brought by any person in possession or who claims the right to possession of the real estate. It shall recite the facts upon which it is based and shall specify the names and addresses of the heirs and representatives of the deceased person, and of all claimants so far as each class is known to the petitioner. (Amended 1971, No. 185 (Adj. Sess.), § 175, eff. March 29, 1972; 1985, No. 144 (Adj. Sess.), § 91.)

• § 1804. Appearance; appeal

  A person not so served may become a party defendant by entering his or her appearance with the Probate Division of the Superior Court before the expiration of the time provided by this section for appeal. An appeal may be taken by any person in interest within 30 days from any final decree issued under this chapter by the Probate Division of the Superior Court. (Amended 1971, No. 185 (Adj. Sess.), § 176, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 11.)