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.
Subchapter
001
:
GENERAL PROVISIONS
(Cite as: 27 V.S.A. § 106)
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§ 106. Forfeiture and sale
(a) When there are minor children living, an executor or administrator may make application
to the Probate Division of the Superior Court to sell such homestead, such application
stating the facts on which it is based, where:
(1) the widow or surviving husband was not living with the deceased husband or wife at
the time of the death of the other and had not resided at the homestead for two years
immediately prior to such death through the fault of such widow or surviving husband;
or
(2) such widow or surviving husband has left the homestead and his or her residence cannot
be ascertained after diligent inquiry by the executor or administrator of the deceased
spouse.
(b) After personal notice where possible or after order of publication thereon complied
with, the Probate Division of the Superior Court may grant a license to the executor
or administrator to sell the homestead if upon hearing it finds that such widow or
surviving husband resided away from the homestead through his or her own fault or
with the intention to abandon the minor children of the deceased. If the Probate
Division of the Superior Court shall embody in such license a clause to such effect,
such widow or surviving husband shall lose all right in and to such homestead. The
net proceeds of such sale shall be assigned by the Probate Division of the Superior
Court to such minor children for their use and benefit. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.)