reglab/housing_qa huggingface dataset:
14 V.S.A. § 1725
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1725. Application of advancement

§ 1725. Application of advancement|(a) If an advancement is in real property, the same shall be set off, first, against the heir's or other beneficiary's share of real property in the estate, including the real property so advanced, and the excess value, if any, shall be set off against the heir's or other beneficiary's share of the decedent's personal estate.(b) If an advancement is in personal estate, the same shall be set off, first, against the heir's or other beneficiary's share in the personal estate, and the excess value, if any, shall be offset against the heir's or other beneficiary's share in the real property of the estate.(c) If the heirs or beneficiaries consent, a different application of the advancement may be made. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1726
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1726. Advancement reckoned toward share of representative of deceased heir

§ 1726. Advancement reckoned toward share of representative of deceased heir|If the recipient of an advancement dies before the decedent, the advancement shall be reckoned against the share of those interested in the estate by right of representation of the recipient, as it would be reckoned toward the share of the recipient, if living. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1727
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1727. Valuation of advancement

§ 1727. Valuation of advancement|Where the value of an advancement is expressed in the conveyance or in the charge made by the decedent, or by the intestate decedent at the time of declaration before two witnesses, the advancement shall be taken to be of the value so expressed or declared; otherwise it shall be estimated according to the value at the time it was made. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1728
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1728. Court to determine questions of advancement

§ 1728. Court to determine questions of advancement|Questions as to an advancement made or alleged to have been made by the deceased may be heard and determined by the Probate Division of the Superior Court and shall be specified in the decree assigning the estate, regardless of whether the subject of a prior court order. The final decree of the Probate Division of the Superior Court or of the Supreme Court on appeal, shall be binding on all persons interested in the estate. (Amended 1985, No. 144 (Adj. Sess.), § 83; 2009, No. 154 (Adj. Sess.), § 122, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1729
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1729. Partition

§ 1729. Partition|When the real or personal estate assigned to two or more heirs, devisees, or legatees is in common and undivided, and their respective shares are not separated and distinguished, partition and distribution of the estate shall be made pursuant to 12 V.S.A. chapter 179 or, if the court consents, by the Probate Division of the Superior Court upon application by any interested heir, devisee, or legatee, and shall be conclusive on all persons interested. (Amended 1985, No. 144 (Adj. Sess.), § 84; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1730
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1730. Partition of real estate in different counties

§ 1730. Partition of real estate in different counties|If the real estate lies in different counties, the Probate Division of the Superior Court may appoint different commissioners for each county. The estate in each county shall be divided separately as though there were no other estate to be divided. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1731
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1731. Partition unnecessary when parties agree

§ 1731. Partition unnecessary when parties agree|When the Probate Division of the Superior Court distributes assets of an estate to one or more persons entitled to the same, it shall not be necessary to make partition of the assets distributed if the parties to whom the assignment is made agree to an allocation of assets without partition. (Amended 1985, No. 144 (Adj. Sess.), § 85; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1734
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1734. Partition when ownership has changed

§ 1734. Partition when ownership has changed|Partition of real estate may be made although some of the original heirs or devisees have conveyed their shares to other persons. The shares shall be set out to the persons holding the same, as they would have been to the heirs or devisees. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1735
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1735. Shares, how set out in partition

§ 1735. Shares, how set out in partition|The shares in the real and personal estate shall be set out to each individual, in proportion to his or her right, by metes and bounds or other description that permits the shares to be easily distinguished, except to the extent that two or more of the parties interested consent to have their shares set out so as to be held by them in common and undivided. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1736
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1736. Severance from estate of third persons

§ 1736. Severance from estate of third persons|When partition of real estate among heirs or devisees is required and the real estate lies in common and undivided with the real estate of another person, the court shall have jurisdiction over the real estate and the other person, and shall divide and sever the estate of the deceased from the estate of the other person. A division made pursuant to this section by the Probate Division of the Superior Court shall be binding on persons interested. (Amended 1985, No. 144 (Adj. Sess.), § 87; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1737
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1737. When estate cannot be divided without injury; to be sold; procedure

§ 1737. When estate cannot be divided without injury; to be sold; procedure|When the real estate of a decedent, or any part of it greater than the share in it of any one of the heirs, cannot be divided without prejudice or inconvenience to the owners, proceedings may be had for the assignment or sale of the real estate in the Probate Division of the Superior Court. (Amended 1985, No. 144 (Adj. Sess.), § 88; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1739
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1739. Final decree of distribution or partition; bond

§ 1739. Final decree of distribution or partition; bond|The Probate Division of the Superior Court shall not make a final decree of distribution or partition in an estate against which a person engaged in the military service of the United States and outside this State has a claim, until a bond is filed in the court by the creditors, heirs, legatees, or devisees or some one or more of them, in a sum and with sureties as the court directs, conditioned to pay the claimant the sum of money that is finally allowed him or her against the estate. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1740
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1740. Payment of expenses; from estate, if sufficient

§ 1740. Payment of expenses; from estate, if sufficient|At the time of partition or distribution of an estate, if the executor or administrator has retained sufficient assets that may lawfully be applied for that purpose, the expenses of partition or distribution may be paid by the executor or administrator when it appears to the court equitable and not inconsistent with the intention of a testator. (Amended 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1741
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1741. Parties to pay cost of partition, when

§ 1741. Parties to pay cost of partition, when|If there are insufficient assets in the hands of the executor or administrator that may be lawfully applied to the costs of partition, the expenses and charges of partition determined by the Probate Division of the Superior Court shall be paid by the parties interested in the partition in proportion to their respective shares or interests in the premises and the proportions shall be allowed by the court. If a person interested in the partition does not pay his or her proportion or share, the court may issue a judgment order for the sum assessed, for the benefit of the executor or administrator against the party not paying, returnable in 60 days from the date of the order. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1742
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 77 - Decrees of Distribution or Partition of Estates|§ 1742. Record of decrees relating to real estate; where recorded

§ 1742. Record of decrees relating to real estate; where recorded|Certified copies of final orders or decrees of a Probate Division of the Superior Court relating to real estate shall be recorded in the office where by law a deed of the real estate is required to be recorded. (Amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 10.)
14 V.S.A. § 1801
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 79 - Conveyance When Record Holder Deceased|§ 1801. Title in deceased persons; petition to Probate Division of the Superior Court

§ 1801. Title in deceased persons; petition to Probate Division of the Superior Court|When the record title to real estate or an interest therein stands in the name of a person who has been deceased for more than seven years and the estate of the person has not been probated and the interest of the heirs in that real estate has not been conveyed or has been defectively conveyed, the Probate Division of the Superior Court where venue lies, upon verified petition and after notice and hearing as provided by the Rules of Probate Procedure, shall determine whether the deceased person or the decedent's heirs are possessed of an existing enforceable title or interest in that real estate. (Amended 1985, No. 144 (Adj. Sess.), § 90; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 11.)
14 V.S.A. § 1802
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 79 - Conveyance When Record Holder Deceased|§ 1802. Determination by court of persons entitled to estate

§ 1802. Determination by court of persons entitled to estate|If the court determines that the heirs or personal representatives of the deceased person are not at the time of the hearing in possession of the real estate and are not entitled to reenter it or to institute and maintain a suit to recover possession of it, the court shall adjudge and decree that the real estate constitutes no beneficial part of the estate of the deceased person and may appoint an administrator to convey the record title of the real estate to the person or persons adjudged by the court to be legally entitled to it. (Amended 2017, No. 195 (Adj. Sess.), § 11.)
14 V.S.A. § 1803
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 79 - Conveyance When Record Holder Deceased|§ 1803. Petition

§ 1803. Petition|A petition under this chapter may be brought by any person in possession or who claims the right to possession of the real estate. It shall recite the facts upon which it is based and shall specify the names and addresses of the heirs and representatives of the deceased person, and of all claimants so far as each class is known to the petitioner. (Amended 1971, No. 185 (Adj. Sess.), § 175, eff. March 29, 1972; 1985, No. 144 (Adj. Sess.), § 91.)
14 V.S.A. § 1804
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 79 - Conveyance When Record Holder Deceased|§ 1804. Appearance; appeal

§ 1804. Appearance; appeal|A person not so served may become a party defendant by entering his or her appearance with the Probate Division of the Superior Court before the expiration of the time provided by this section for appeal. An appeal may be taken by any person in interest within 30 days from any final decree issued under this chapter by the Probate Division of the Superior Court. (Amended 1971, No. 185 (Adj. Sess.), § 176, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 11.)
14 V.S.A. § 1851
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 80 - Waiver of Administration|§ 1851. Applicability

§ 1851. Applicability|This chapter shall apply to all estates, testate and intestate, other than small estates administered under chapter 81 of this title. (Added 2017, No. 195 (Adj. Sess.), § 12.)
14 V.S.A. § 1852
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 80 - Waiver of Administration|§ 1852. Motion for waiver of administration; order

§ 1852. Motion for waiver of administration; order|(a) A motion for waiver of administration may be submitted to the Probate Division of the Superior Court with the petition to open the estate or at any time before an accounting is due. The motion shall be made under oath and shall state that:  (1)(A) if the decedent died testate, the moving party is the sole beneficiary of the decedent's estate, and has been nominated and proposes to serve as sole executor; or  (B) if the decedent died intestate, the moving party is the sole heir of the decedent's estate and proposes to serve as sole administrator;  (2) the moving party is the sole fiduciary of the estate; (3) the decedent owned no real property in the State of Vermont; and (4) the administration of the estate will be complete without supervision by the Probate Division of the Superior Court in accordance with the decedent's will and applicable law.   (b) The court may grant the motion to waive further administration if it finds that:  (1) the moving party is the only estate beneficiary under the will of a decedent or the only heir of a decedent who died intestate; (2) the moving party is the sole fiduciary of the estate; and (3) the decedent owned no real property in the State of Vermont.   (c) If the court grants a motion to waive further administration filed under subsection (a) of this section, it shall issue an order waiving the duty to file an inventory, waiving or discharging the fiduciary bond, and dispensing with further filing with the court other than the final affidavit of administration. (Added 2017, No. 195 (Adj. Sess.), § 12.)
14 V.S.A. § 1853
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 80 - Waiver of Administration|§ 1853. Administration

§ 1853. Administration|(a) Administration of an estate under this chapter may be completed upon the court's approval of the executor's or administrator's affidavit of administration. Unless extended by the court, the affidavit shall be filed not less than six months or more than one year after the date of appointment of the executor or administrator.(b)(1) The affidavit of administration shall state that to the best of the knowledge and belief of the executor or administrator:   (A) there are no outstanding expenses of administration, or unpaid or unsatisfied debts, obligations, or claims attributable to the decedent's estate; and (B) no taxes are due to the State of Vermont, and tax clearance has been received from the Department of Taxes.  (2) If the executor or administrator fails to file the affidavit of administration within the time prescribed by subsection (a) of this section, the executor or administrator shall be in default. If he or she fails to file the affidavit or a request for additional time within 15 days after receiving notice of default, the court may impose sanctions it deems appropriate, including an order that waiver of administration is no longer available. The court shall provide notice of the default to the executor or administrator by first-class mail or other means allowed by the Rules of Probate Procedure. (Added 2017, No. 195 (Adj. Sess.), § 12.)
14 V.S.A. § 1854
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 80 - Waiver of Administration|§ 1854. Discharge of executor or administrator

§ 1854. Discharge of executor or administrator|Upon the submission of an affidavit of administration, the Probate Division of the Superior Court may close the estate and discharge the executor or administrator if it determines that the provisions of sections 1851 and 1852 of this title have been met. (Added 2017, No. 195 (Adj. Sess.), § 12.)
14 V.S.A. § 1901
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 81 - Small Estates|§ 1901. Commencement of small estate

§ 1901. Commencement of small estate|(a) When a decedent's estate has a fair market value of not more than $45,000.00 and consists entirely of personal property, provided that the estate may include a time-share estate as defined by 32 V.S.A. § 3619(a), an estate may be commenced by filing:  (1) a petition to open a probate estate; (2) a list of interested persons; (3) the filing fee; (4) an original death certificate; (5) an inventory of the estate, including information or estimates available at the time of filing; (6) an affidavit of paid and outstanding funeral expenses and any other known or reasonably ascertainable debts of the decedent; (7) a bond without surety in the amount of the fair market value of the estate; and (8) the will, if any.   (b) An interested party who does not consent to the small estate proceeding in writing shall be provided with notice of the petition and the pending fiduciary appointment and may file any objections with the court within 14 days after receiving the notice. If no objections are filed, the fiduciary appointment and any will offered for admission shall be approved by the court without further notice or hearing.(c) If, after an estate is opened pursuant to subsection (a) of this section, it is determined that the value of the decedent's estate at the time of his or her death exceeded $45,000.00, the fiduciary shall petition the court to order that the estate be administered pursuant to the laws and rules applicable to estates with a fair market value in excess of $45,000.00. The court shall grant the petition if it finds that the estate has a fair market value in excess of $45,000.00 and that all applicable fees have been paid. (Amended 1975, No. 240 (Adj. Sess.), § 10; 2009, No. 75 (Adj. Sess.), § 1; 2019, No. 36, § 1.)
14 V.S.A. § 1902
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 81 - Small Estates|§ 1902. Letters of administration, small estates, notice

§ 1902. Letters of administration, small estates, notice|(a) When a small estate is commenced pursuant to section 1901 of this title:  (1) If the decedent had a will, the will shall be admitted and letters of administration shall be issued as provided in section 902 of this title. (2) If the decedent did not have a will, letters of administration shall be issued as provided in section 903 of this title.   (b) Within 60 days after the issuance of letters of administration, and at any time thereafter if deemed necessary by the fiduciary, the fiduciary shall confirm, correct, or supplement the inventory filed with the petition.(c) Letters of administration issued pursuant to this section shall be effective for one year after the date of issuance. The court may extend the one-year duration upon motion of the fiduciary for good cause shown. (Added 1975, No. 240 (Adj. Sess.), § 10; amended 1981, No. 150 (Adj. Sess.), § 1; 2009, No. 75 (Adj. Sess.), § 2; 2013, No. 102 (Adj. Sess.), § 5; 2019, No. 36, § 1.)
14 V.S.A. § 1903
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 81 - Small Estates|§ 1903. Same; discharge upon payment of funeral expenses; residue

§ 1903. Same; discharge upon payment of funeral expenses; residue|(a)(1) If it appears from the record that the estate is insolvent, the fiduciary shall apply for an order of dividend from the court. If the estate is not insolvent, the fiduciary shall make payment in settlement with all known or reasonably ascertainable creditors, including payment of income taxes due for the year of the decedent's death, and pay any remaining balance to the beneficiaries of the estate as provided by the will, if any, or as otherwise provided by law.  (2) Upon completion of the payments required by subdivision (1) of this subsection, the fiduciary shall file with the court a sworn statement setting forth the amounts and recipients of each payment.   (b) The court may discharge the fiduciary without further accounting and without notice after the fiduciary has completed the requirements of subsection (a) of this section.(c) If a discharge is given under this section, any assets distributed by the fiduciary shall be subject to claims later established, and sections 1202 and 1203 of this title shall apply, but the executors or administrators shall not be liable to distributees for losses to them when required to reimburse creditors. Each distributee shall have a duty of proportionate contribution for any claims brought against one or more other distributees, not to exceed the amount received by the distributee from the estate. (Added 1975, No. 240 (Adj. Sess.), § 10; amended 1981, No. 150 (Adj. Sess.), § 2; 2009, No. 75 (Adj. Sess.), § 3; 2019, No. 36, § 1.)
14 V.S.A. § 1951
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 83 - Uniform Disclaimer of Property Interests Act|§ 1951. Right to disclaim interest in property

§ 1951. Right to disclaim interest in property|A person, or the representative of a deceased, incapacitated or protected person, to whom any property or interest therein devolves, by whatever means, may disclaim it in whole or in part by delivering a written disclaimer under this chapter. The right to disclaim exists notwithstanding any limitation on the interest of the disclaimant in the nature of a spendthrift provision or similar restriction. (Added 1985, No. 130 (Adj. Sess.).)
14 V.S.A. § 1953
2021 Vermont Statutes|Title 14 - Decedents' Estates and Fiduciary Relations|Chapter 83 - Uniform Disclaimer of Property Interests Act|§ 1953. Form of disclaimer

§ 1953. Form of disclaimer|The disclaimer shall:  (1) describe the property or interest disclaimed; (2) declare the disclaimer and extent thereof; and (3) be signed by the disclaimant. (Added 1985, No. 130 (Adj. Sess.).)