Detailed Answer
In Vermont, when a decedent’s estate includes real property, the personal representative (executor or administrator) must obtain court approval before selling the land. Heirs can streamline the process and direct how sale proceeds are disbursed by signing specific authorization forms. These forms satisfy statutory requirements and often eliminate the need for a formal hearing.
1. Petition and Order for Sale (Form PR-102)
The personal representative files a Petition and Order for Sale asking the Probate Division for permission to sell the real property. Under Vermont law, a court may authorize the sale if it finds the sale is necessary to settle debts or distribute assets (14 V.S.A. § 3133).
2. Waiver of Notice and Consent to Sale (Form PR-103)
Every heir receives notice of the proposed sale. If all heirs agree, each signs a Waiver of Notice and Consent to Sale. By signing Form PR-103, heirs waive their right to a hearing and consent to the terms of sale, including price and buyer. This written consent accelerates court approval and reduces filing fees.
3. Petition for Distribution and Receipt and Release (Forms PR-104 and PR-105)
After the closing, the personal representative submits a Report and Petition for Distribution (Form PR-104) showing the sale proceeds, estate debts, and fees. To direct payment of net proceeds, each heir signs a Receipt and Release (Form PR-105). This release confirms receipt of funds and relieves the estate from further claims. The court issues a final order under 14 V.S.A. § 3138.
By using these standardized probate forms, heirs ensure clear instructions for distributing sale proceeds, minimize delays, and satisfy Vermont’s probate statutes.
Helpful Hints
- Locate official probate forms (PR-102 through PR-105) on the Vermont Judiciary website under “Probate Division Forms.”
- Ensure every heir signs identical original copies of each form; photocopies may not satisfy the court.
- Include accurate property descriptions and sale terms in the Petition and Order for Sale.
- Consult the statute links to confirm current statutory language and filing fees.
- Contact a local probate court clerk if you need guidance on filing deadlines or certified copies.