Detailed Answer

This answer explains how you can buy your siblings’ shares in a deceased parent’s Vermont house instead of forcing a probate sale. It covers how ownership typically transfers, practical steps to complete a buyout, when court approval may be needed, and alternatives if siblings don’t agree. This is general information about Vermont procedures and does not replace legal advice.

1. First — identify how title currently stands

Before any buyout, learn how the house is owned. Common possibilities:

• Joint tenants with right of survivorship (or joint tenancy): the surviving joint owner automatically owns the property and a probate sale is usually unnecessary.
• Tenants in common (or ownership held by the decedent’s estate): the decedent’s share passes to the estate and then to heirs under the will or Vermont intestacy rules.
• Property owned by the estate because the decedent was sole owner at death: the personal representative (executor/administrator) controls transfers until the probate court closes the estate.

See Vermont probate law for administration rules: Vermont Statutes, Title 14 (Probate).

2. If title already passed to heirs (no probate needed)

If the house is now owned directly by the heirs (for example, probate has been completed and each heir holds a share as tenants in common), you can negotiate a direct buyout:

1. Get a professional appraisal or a broker valuation to establish fair market value.
2. Calculate each sibling’s share (for example, equal shares unless the will specifies otherwise).
3. Negotiate price and payment terms with each sibling.
4. Use an attorney or a closing/title company to prepare the deed (usually a quitclaim or warranty deed) transferring each seller-heir’s share to you, and to handle closing and recording.
5. Record the deed(s) in the town land records. Obtain title insurance if possible to clear clouds on title.

If a mortgage exists, the lender’s payoff or assumption rules apply — contact the lender early.

3. If the property is still part of the estate (probate open or required)

If the decedent’s share is part of a pending estate or you must open an estate, the estate’s personal representative has power to sell or transfer property subject to Vermont probate procedures. Two common buyout approaches:

• Buy from the estate: negotiate with the personal representative to purchase the property. The personal representative may need court approval of the sale if the will or state law requires it. Court-supervised sales can require notice to heirs and others with an interest.
• Wait for distribution, then buy from heirs: the estate assets can be distributed to heirs (by court order or agreement). After distribution, you can buy directly from the heirs as described above.

Refer to Vermont probate administration rules: Vermont Statutes, Title 14, and the Probate Division procedures: Vermont Judiciary — Probate Division.

4. If heirs won’t agree — partition actions and risks

If one or more siblings refuse to sell their share or refuse a buyout, you can either:

• Continue negotiating (often less costly and preserves family relationships), or
• File a partition action in Vermont Superior Court, which can force either physical division or sale of the property and distribution of proceeds. A forced sale can be expensive and unpredictable.

Because partition actions are judicial remedies, they typically require an attorney and court time. Use partition as a last resort.

5. Valuation, taxes, and closing mechanics

• Valuation: Use a licensed appraiser to avoid disputes about market value.
• Payment method: Consider an escrow closing, promissory note, or lump-sum payment depending on what siblings accept.
• Mortgage and liens: Pay off or refinance any mortgage. If you keep the existing mortgage, lender approval may be required.
• Taxes: Estate and transfer tax issues may arise. Vermont has estate tax rules for large estates and recording or transfer taxes may apply. Consult the Vermont Department of Taxes: tax.vermont.gov.
• Basis and capital gains: A decedent’s death often gives heirs a stepped-up basis, which can affect later capital gains tax when you eventually sell. Speak with a tax advisor.

6. Typical documents you will need

• Death certificate
• Last will and testament (if any)
• Deed to the property
• Probate court papers (if an estate has been opened)
• Appraisal or valuation report
• Signed deed(s) transferring interest to the buyer
• Closing statement and transfer documents prepared by a closing agent or attorney

7. When court approval or administrator action is required

When an estate is open, the personal representative must follow statutory duties and may need court authorization to sell estate real property, particularly if the will or heirs object. If the estate is not yet administered, ask the probate clerk or an attorney whether a proposed sale requires probate court approval.

Vermont probate statutes and procedures: Title 14 — Probate.

8. Practical timeline

A straightforward voluntary buyout where heirs agree and title is clear can close in a few weeks once appraisal, payoffs, and documents are in place. If probate must be opened, or if heirs disagree, expect months for administration or court matters, and more if a partition action is filed.

Bottom line: Buying siblings out is usually possible in Vermont if you can agree on price and terms. If the property is owned by the estate, coordinate with the personal representative and the probate court. If heirs refuse, the alternative is a partition action — usually more costly and adversarial.

This information summarizes general Vermont procedures; individual cases can vary.

Helpful Hints

• Start by confirming how title currently stands — deed and probate papers tell the story.
• Get a professional appraisal before you make an offer.
• Use escrow and have a written buyout agreement that spells out payment, closing date, and deed transfer.
• Engage a Vermont real-estate attorney for drafting deeds, reviewing probate requirements, and handling closings when an estate is involved.
• Talk to the mortgage lender early if a mortgage exists; assumption or payoff will affect the structure of any buyout.
• Check for liens, unpaid taxes, or other encumbrances in a title search before closing.
• Consider title insurance to protect against hidden defects.
• If emotions run high, consider mediation to avoid costly court fights or partition actions.
• Consult a tax advisor about estate taxes, basis rules, and any tax consequences of the transfer.
• If unsure whether probate is required, contact the Vermont Probate Division: Vermont Judiciary — Probate Division.

Disclaimer: This is general information about Vermont law and is not legal advice. Every case is different. Consult a licensed Vermont attorney before making legal decisions or completing a real estate transfer.