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

§ 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.)