§ 1662. Sale of encumbered property of deceased; disposition of surplus
When the executor or administrator is licensed to sell real or personal estate of the decedent that is subject to any mortgage or other lien, the net sale proceeds shall be first applied to the payment of the secured debt. If the property sold is subject to a devise under the will of the decedent, any surplus sale proceeds shall be distributed to the devisee of the property. If the property sold is not subject to a devise under the will of the decedent, any surplus sale proceeds shall be administered by the executor or administrator as property of the estate. (Amended 1985, No. 144 (Adj. Sess.), § 81; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), § 9.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 75 - License to Sell and Convey Real and Personal Property
§ 1611. Court may order personal and real estate sold
§ 1614. Interested persons may prevent sale; bond
§ 1651. License to sell estate; procedure
§ 1652. Deed of executor or administrator
§ 1654. Disposal of proceeds of beneficial sale
§ 1656. Estate sold to pay debts and legacies in other states
§ 1657. Real estate sold to pay legacy
§ 1658. Death, resignation, or removal of fiduciary; new license
§ 1659. License when deceased under contract to convey; court may grant; effect of deed
§ 1661. Real estate held in trust; license to convey to beneficiary
§ 1662. Sale of encumbered property of deceased; disposition of surplus