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Detailed answer — steps to determine where proceeds will go under Vermont law

1. Identify legal ownership of the property.

   Get a copy of the deed from the town clerk where the property sits or from the title company that handled title. Ownership types matter:

   • Sole ownership: If your dad owned the house in his name alone, the property usually goes through probate and sale proceeds become estate assets unless a survivorship transfer or trust applied.
   • Joint tenancy or survivorship: If the deed names joint tenants or tenants by the entirety with rights of survivorship, the surviving owner usually takes title automatically and proceeds from a post-death sale go to the survivor(s) outside probate.
   • Trust ownership: If the house is owned by a living trust, the trustee controls sale proceeds according to trust terms and typically no probate is required.
2. Determine whether the property went through probate or was sold by a trustee.

   In Vermont, when a sole owner dies, the personal representative (executor or administrator) handles estate property under the Probate Division of the Vermont Judiciary. You can search probate filings or contact the local probate office to see if a petition, inventory, or order approving a sale exists. See Vermont probate resources: Vermont Judiciary — Probate and the applicable statutes in Title 14: 14 V.S.A. (Probate and Estates).

3. Look at the closing statement (HUD-1 / Closing Disclosure) or escrow instructions.

   The closing statement itemizes who was paid from sale proceeds (mortgage payoff, liens, taxes, real estate broker commission, closing costs, and the net to the seller or estate). Ask the closing/title company or the personal representative for a copy of the settlement statement. If the sale closed through a title company, they can show the disbursement ledger.

4. Understand the priority of payments from the proceeds.

   Typical pay priorities before beneficiaries receive anything are:

   • Sale-related costs (broker commission, closing costs, recording fees)
   • Mortgage(s) and recorded liens (these must be paid to clear title)
   • Unpaid property taxes and tax liens
   • Probate administration costs, funeral expenses, and allowed creditor claims against the estate under Vermont law
   • Any court-ordered distributions or statutory allowances (for example, family or homestead protections if they apply)
   • Remaining balance distributed to beneficiaries or heirs per the will or Vermont intestacy rules

   These principles reflect common practice and the probate priorities found in Vermont law; for probate procedure and distribution questions, consult Title 14: 14 V.S.A..

5. If there is a will, find the personal representative and request an accounting.

   The personal representative (executor) must administer the estate, pay valid debts, and distribute net assets to the beneficiaries. Beneficiaries are generally entitled to notice and to request an accounting or petition the probate court if distributions are unclear or seem incorrect.

6. If there is no will, Vermont intestacy rules govern distribution.

   When a decedent dies intestate (without a valid will), Vermont’s probate statutes set who inherits and in what shares. The probate court and the personal representative follow those rules when distributing net proceeds. See 14 V.S.A. for intestacy and probate procedure.

7. Check for recorded judgments or other liens.

   Judgments, mechanic’s liens, or other recorded encumbrances on the property are generally paid from proceeds in the order of their priority. You can find these by ordering a title search or checking the land records at the appropriate town clerk’s office.

8. When and how to involve the court.

   If the personal representative won’t provide records or if you suspect improper distributions, you can ask the probate court for help: request copies of filed pleadings, an inventory, or a formal accounting, or petition the court to compel an accounting or to remove a personal representative in extreme cases. The probate division contact and filing rules are on the Vermont Judiciary website: Vermont Judiciary — Probate.

9. When a closing agent is holding proceeds in escrow.

   Sometimes a sale closes and escrow holds proceeds while title issues, heirship, or liens are resolved. The escrow or title company can explain the disbursement conditions and show documentation describing why funds were held and the final payees.

10. Get professional help when needed.

    If ownership is unclear, if there are competing claims, or if you need help interpreting filings, consult a Vermont probate or real estate attorney. The Vermont Bar Association can help you find a lawyer: Vermont Bar Association.

Practical example (hypothetical): Dad died owning the house in his name alone. The executor listed the house for sale during probate. At closing the title company’s statement shows: $10,000 in broker and closing fees; $150,000 paid to the mortgage lender to satisfy the loan; $5,000 paid to resolve a recorded mechanic’s lien; $500 in unpaid property taxes; the remaining $34,500 transferred into the estate bank account. After paying additional probate costs and creditor claims, the net balance is distributed to beneficiaries under the will (or under Vermont intestacy if no will exists).

That example shows the common flow: closing costs and secured debts first, then estate administration costs and valid claims, then beneficiaries.

Helpful hints — quick checklist to find where proceeds will go

• Obtain a copy of the deed from the town clerk to confirm ownership type.
• Ask for the closing/settlement statement from the title company, escrow agent, or personal representative.
• Search probate filings with the Vermont Judiciary to see estate documents and inventories: Vermont Judiciary — Probate.
• Request an accounting from the executor or trustee. Beneficiaries or heirs are entitled to information about distributions.
• Order a title search (through a title company or attorney) to reveal mortgages, liens, and judgments recorded against the property.
• If you encounter resistance or conflicting claims, consult a Vermont probate or real estate attorney. The Vermont Bar can help with referrals: Vermont Bar Association.
• Keep copies of the death certificate and any correspondence. You will likely need certified copies for filings and title company records.
• Remember secured creditors (mortgage, tax liens) usually get paid before beneficiaries receive any remainder.