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Terms Used In Vermont Statutes Title 14 Sec. 1659

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Decedent: A deceased person.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Executor: A male person named in a will to carry out the decedent
  • Executor: includes administrator with the will annexed. See
  • Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
  • Probate: Proving a will
  • real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See

§ 1659. License when deceased under contract to convey; court may grant; effect of deed

(a) When a decedent had contracted to convey real estate and the party contracted with has performed or is ready to perform the conditions of the contract, on motion for that purpose, the Probate Division of the Superior Court may grant license to the executor or administrator of the estate to convey the lands according to the contract, including any modifications to it. If the executor or administrator is the transferee under the contract, the judge of the court shall execute the deed. The deed executed by the executor, administrator, judge, or special administrator or master appointed by the court shall be valid to convey the real estate authorized to be conveyed under the contract.

(b) The Probate Division of the Superior Court shall not grant a license to convey the real estate of a deceased person under contract if it appears to the court after hearing that the assets in the hands of the executor or administrator will be reduced by the conveyance in an amount that prevents a creditor from receiving the whole debt and the value of the real estate to be sold is materially greater than the contract price. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)