The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
§ 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.)