§ 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.)
Structure Vermont Statutes
Title 14 - Decedents' Estates and Fiduciary Relations
Chapter 77 - Decrees of Distribution or Partition of Estates
§ 1721. Distribution; court to order; persons entitled to shares may recover
§ 1722. Parties interested may have order on giving bond
§ 1723. Advancement; how asserted; what constitutes
§ 1724. Advancement reckoned toward heir’s share
§ 1725. Application of advancement
§ 1726. Advancement reckoned toward share of representative of deceased heir
§ 1727. Valuation of advancement
§ 1728. Court to determine questions of advancement
§ 1730. Partition of real estate in different counties
§ 1731. Partition unnecessary when parties agree
§ 1734. Partition when ownership has changed
§ 1735. Shares, how set out in partition
§ 1736. Severance from estate of third persons
§ 1737. When estate cannot be divided without injury; to be sold; procedure
§ 1739. Final decree of distribution or partition; bond
§ 1740. Payment of expenses; from estate, if sufficient
§ 1741. Parties to pay cost of partition, when
§ 1742. Record of decrees relating to real estate; where recorded