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Vermont Motion for License to Sell Real Estate of Decedent's Estate

State:
Vermont
Control #:
VT-SM-180-01
Format:
PDF
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A01 Motion for License to Sell Real Estate of Decedent's Estate
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FAQ

Given that this process only usually takes about eight weeks, many people begin advertising their house for sale in the meantime. However, the sale cannot be completed until the seller has received the Grant of Probate.

In Vermont, you can make a living trust to avoid probate for virtually any asset you own -- real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a successor trustee).

The executor can sell property without getting all of the beneficiaries to approve.Once the executor is named there is a person appointed, called a probate referee, who will appraise the estate assets. Among those assets will be the real estate and the probate referee will appraise the real estate.

Yes, but the proceeds from the sale may not be dispersed exactly as you would assume. If you're the executor of an estate, you can sell real estate held by the deceased provided that it was not willed to a beneficiary to help cover probate costs.

No, in Vermont, you do not need to notarize your will to make it legal. However, Vermont allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that. A self-proving will speeds up probate because the court can accept the will without contacting the witnesses who signed it.

As an aside, Vermont Statute Title 32 § 1143 states that executors may be paid $4 per day spent in court, but this is geared towards the court paying appointed agents, and that amount was set in 1866.

Once a grant of probate is made the deceased person's property can be transferred to their beneficiaries or sold.

Yes, but the proceeds from the sale may not be dispersed exactly as you would assume. If you're the executor of an estate, you can sell real estate held by the deceased provided that it was not willed to a beneficiary to help cover probate costs.

Write a Living Trust. The most straightforward way to avoid probate is simply to create a living trust. Name Beneficiaries on Your Retirement and Bank Accounts. For some, a last will is often a better fit than a trust because it is a more straightforward estate planning document. Hold Property Jointly.

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Vermont Motion for License to Sell Real Estate of Decedent's Estate