§ 1651 - License to sell estate; procedure - Vermont Statutes

§ 1651. License to sell estate; procedure

When an executor or administrator considers it necessary or beneficial to sell real or personal estate, the probate court may grant license, when it appears necessary or beneficial, under the following regulations:

(1) The executor or administrator shall present to the court a motion setting forth the amount of debts due from the deceased, the charges of administration, the value of personal estate and the situation of the estate to be sold, or those other facts as show that the sale is necessary or beneficial;

(2) In cases where the consent of the heirs, devisees and legatees is required, the executor or administrator shall produce to the court their consent in writing;

(3) The probate court shall schedule a hearing and notice shall be given as provided in the rules of probate procedure;

(4) If the probate court requires it, before license is granted, the executor or administrator shall 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 probate 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 proof produced satisfies the court, and if the regulations in the first four subdivisions of this section are complied with, the court, by decree, may authorize the executor or administrator to sell that part of the estate deemed necessary, either at public or private sale, as will be most beneficial to all parties concerned, and furnish the executor or administrator a certificate or copy of the license or order of sale;

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

(8) The record or the order of sale in the probate court and the copy of certificate of the order furnished the executor or administrator shall state the regulations prescribed in the first four subdivisions of this section with which the sale must comply. The certificate or copy of the order of sale shall be recorded in the office where a deed of the lands to be sold is required to be recorded;

(9) The executor or administrator shall submit to the probate court reports on the action authorized by the license granted under this section. (Amended 1981, No. 75; 1985, No. 144 (Adj. Sess.), § 76.)