Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
When your deceased parent is the only name on the deed, determining current ownership requires opening a probate or administration case and following Vermont’s succession laws. Here’s how to proceed:
- Search the Deed and Land Records. Use the Vermont land records portal (sws.vermont.gov/General/PublicAccess) to confirm that the deed lists only your parent and to check for recorded life estates, liens, or trust interests.
- Check for a Will or Trust. If your parent left a will, probate that will under Vermont law. If they funded a living trust, contact the trustee to see if the property passed outside probate.
- Open a Probate or Administration Case. File a petition in the Vermont Superior Court, Probate Division. With a will, you request probate under 14 V.S.A. § 2101 et seq.. Without a will, you file for administration under Vermont’s intestate succession provisions in the same section.
- Obtain Letters of Administration or Testamentary. The court appoints an executor (if there’s a will) or an administrator (if intestate). They receive official Letters confirming their authority to manage and transfer real estate.
- Distribute the Property. Under Vermont’s intestate succession rules (14 V.S.A. § 2101 et seq.), if no spouse survives, children inherit equally. If a spouse survives, distribution follows the statute’s hierarchy. The court issues an order confirming how the property passes.
- Record a New Deed. The executor or administrator prepares and records a deed conveying the property to heirs or devisees in the same registry where the original deed appears.
- Consider Small Estate Procedures (if applicable). Vermont allows certain small estates (personal property under a dollar limit) to pass via affidavit under 14 V.S.A. § 2405. Note that real property almost always requires full probate or administration.
After recording, title vests in the heirs, usually as tenants in common unless the court order specifies otherwise.
Helpful Hints
- Gather the original deed, any title insurance policy, and mortgage records.
- Search public records early to spot unrecorded easements or liens.
- Visit the Vermont Probate Division online: vermontjudiciary.org/probate.
- Consider consulting a probate attorney when multiple heirs or complex assets exist.
- Maintain organized records of court filings, Letters, and recorded deeds.
- Check for outstanding property taxes or municipal liens before transferring title.