Detailed answer
Short answer: It depends on who ordered the appraisal, whether the appraisal was a necessary estate administration expense, and whether you have an agreement or a probate court order. Under Vermont law, expenses that are necessary to administer an estate (inventory, appraisal for estate accounting or sale, taxes, and reasonable professional fees) are normally paid from estate funds or allowed as estate expenses by the probate court. If you obtained an appraisal on your own for a personal advantage (for example, to negotiate a buyout) and there is no agreement with the other co‑heir, you usually cannot force reimbursement without their consent or a court order.
Why this matters: who pays for an appraisal affects the buyout number and the fairness of the distribution. If an appraisal is a legitimate administrative cost for the estate, the personal representative (executor or administrator) can normally pay it from estate funds or have the probate court allow it as a charge against the estate. If the appraisal served only one heir’s private interest, that heir often bears the cost unless the co‑heirs agree otherwise or the court decides to allocate the cost.
Relevant Vermont law: Vermont’s probate statutes govern administration of estates and the allowance of estate expenses. For the statutory framework on estate administration, see Vermont Statutes, Title 14 (Estates and Probate): https://legislature.vermont.gov/statutes/title/14. For rules that can apply to disputes among co‑owners (including partition or forced sale), see Vermont statutes on civil procedure and property (Title 12): https://legislature.vermont.gov/statutes/title/12. If you are dealing with a probate administration, the probate division of Vermont’s courts can consider petitions to allow expenses or to resolve disputes among heirs: https://www.vermontjudiciary.org.
Common situations and likely outcomes
- There is an appointed personal representative (PR) and the appraisal was for estate purposes. If the PR ordered the appraisal to value estate property for inventory, sale, or tax purposes, the appraisal is typically an estate administration expense. The PR can pay it from estate funds or request court approval to charge it to the estate. Heirs will share in that expense through the estate accounting and distribution.
- Heirs are informal (no PR), and one heir hires an appraiser solely to set a buyout price. The heir who paid for the appraisal normally bears that cost unless the other heirs agree to reimburse or the court orders otherwise. You can, however, use the appraisal amount as the basis for calculating the buyout and ask the co‑heir to pay an adjusted buyout price (e.g., reduce the buyout amount by the appraisal fee), but they must accept that arrangement.
- Heirs disagree about the appraisal’s reasonableness or necessity. Disputes over whether an appraisal was necessary or reasonable generally go to the probate court (if an estate administration exists) or to a civil court in a partition action. A court can allocate costs equitably or require one party to reimburse another.
Practical steps you can take in Vermont
- Document the appraisal: keep the invoice, the appraiser’s report, and any communications showing why the appraisal was done and who ordered it.
- Ask for agreement in writing: propose that the co‑heir reimburse you (or accept an offset against the buyout price). A written settlement or buyout agreement protects both sides.
- If a PR exists, request that the PR pay the appraisal as an estate expense or ask the PR to petition probate for allowance of the fee.
- If the co‑heir refuses, consider filing a short petition in probate (if estate administration is open) asking the court to allow the appraisal as an estate expense, or seek a civil partition/buyout remedy in superior court if there is no probate administration.
- Consider neutral valuation or multiple appraisals: courts and co‑heirs prefer neutral or agreed‑upon appraisals. If you anticipate a dispute, propose a jointly selected appraiser paid from estate funds or split between heirs.
What a Vermont court will look at
In evaluating who should pay, a Vermont probate or civil court will consider whether the appraisal was necessary for estate administration, whether it benefited the estate as a whole, the reasonableness of the fee, and any express agreements between the parties. If an appraisal primarily benefited one heir who acted unilaterally, the court may decline to award reimbursement unless equity or contract supports it.
When to get help from a Vermont attorney
Get legal help if:
- the co‑heir refuses to reimburse or negotiate;
- you need a probate court order approving estate expenses;
- you face a partition lawsuit or complex estate accounting.
An attorney can draft a written buyout agreement, prepare a petition to probate court to allow estate expenses, or represent you in a partition or accounting action.
Helpful Hints
- Do not assume the co‑heir must pay without a written agreement or court order.
- If possible, get a jointly appointed appraiser to reduce disputes and increase the chance a fee will be treated as an estate expense.
- Keep clear records: invoices, scope of work, and why the appraisal was necessary.
- Offer to offset the appraisal fee against the buyout price—many disputes settle if one side takes a credit instead of seeking cash reimbursement.
- If you are the personal representative, follow probate procedures for authorizing and paying expenses so the cost is properly charged to the estate.
- If discussions stall, consider mediation before filing court papers; it’s usually faster and less expensive than litigation.
- When in doubt, contact a Vermont probate or real property attorney to review the facts and draft any required petitions or agreements.
Quick links: Vermont statutes on estates and probate — https://legislature.vermont.gov/statutes/title/14. Vermont statutes on courts and civil procedure (for partition actions) — https://legislature.vermont.gov/statutes/title/12. Vermont Judiciary (probate court information) — https://www.vermontjudiciary.org.
Disclaimer: I am not a lawyer. This article provides general information about Vermont law and does not constitute legal advice. For advice about a specific situation, consult a licensed Vermont attorney.