Vermont Attorneys Title Corporation

• Vermont Title Standards Index ›

  • 1.1 The Role of the Examining Attorney
  • 1.2 The Examining Attorney's Attitude
  • 1.3 Definition of Marketable Title
  • 1.4 Reference to Title Standards in Real Estate Sales Contract
  • 2.1 Period of Search
  • 2.2 The Concept of the Chain of Title and its Relationship of the Rule of Record Notice and the Scope of the Title Searcher's Obligation
  • 2.3 Effect of Recording Instruments Claiming an Interest in Real Estate
  • 2.4 Wild Instruments: Instruments by Strangers to the Record Chain of Title
  • 2.4A After Acquired Property
  • 2.5 Priority of Conveyances
  • 2.6 Time When a Conveyance is Considered as Properly "Recorded"
  • 2.7 Record of Expired Leases or Expired Interests
  • 4.1 Limitation on the Use by Grantor of Corrective Deeds
  • 6.1 Grantors
  • 6.2 Majority
  • 6.3 Mental Capacity
  • 6.4 Marital Interests
  • 6.5 Powers of Attorney
  • 7.1 Grantees
  • 8.1 Name Variances
  • 9.1 Execution, Witnessing and Acknowledgement
  • 11.1 Delivery
  • 13.1 Conveyance by Heirs' Deed
  • 13.2 Conveyance by Devisees in Lieu of Probate Administration
  • 13.3 Omitted Real Estate or Faulty Description of Closed Estate
  • 13.4 Conveyance by Trustee of a Non-Probate Trust
  • 14.1 Conveyance to Two or More Persons
  • 18.1 Federal Special Gift Tax Lien
  • 18.2 Irregularities and Discrepancies in Discharges of Mortgage and other Documents
  • 18.3 Discharges of Corrected, Re-Recorded, or Modified Mortgages
  • 18.4 Effect of Failure to Discharge Assignments of Leases and/or Rent, Riders or Financing Statements
  • 18.5 Discharges Involving Mortgage Electronic Registration System (MERS)
  • 20.1 Presumptions Applicable to Corporate Conveyances
  • 22.1 Limited Liability Companies
  • 23.1 Federal General Tax Lien
  • 24.1 Federal Special Estate Tax Lien
  • 25.1 Federal Gift Tax Lien
  • 27.1 Vermont Estate Tax Lien
  • 28.1 Establishing Marketable Title To Interests In Real Property Owned By Failed Financial Institutions
  • 28.2 Title of the Receiver of a Failed Financial Institution to the Assets of That Institution
  • 28.3 Title of the Immediate Transferee of the Receiver of a Failed Financial Institution
  • 28.4 Marketability of Title In a Real Estate Interest of a Failed Financial Institution for Which No Conveyance, Transfer or Assignment Appears of Record Prior to the Dissolution of the Bridge Institution Which Had Continued The Business of the Failed Institution
  • 28.5 Discharges, Partial Releases, Assignments and Foreclosure of Mortgages of a Failed Institution By a Transferee of the Receiver For Such Failed Institution

STANDARD 13.2

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CONVEYANCE BY DEVISEES IN LIEU OF PROBATE ADMINISTRATION

A deed by the devisees named in a will that has been proved and allowed in a Vermont probate court, whether in warranty or quitclaim form, shall be effective to pass title to real estate where the same has been of record for a period of at least fifteen years.

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Comment 1. 14 V.S.A. §101 provides that a will shall not pass title to real estate unless the will is proved and allowed in a Vermont probate court. See also 14 V.S.A. §113 et seq. However, there is no additional requirement of a decree of distribution or adminis­trator's deed. Title to real estate of a testate passes immediately to the testate's devisee's upon death, subject to the lien of the administrator for the payment of debts, expenses of administration, and other expenses legally chargeable against the estate. In Re Margaret E. Callahan's Estate, 115 Vt. 128, 134 (1947). This is consistent with the rule as to heirs' deeds in Standard 13.1, with the additional requirement of probate and allowance of the will necessary to define the class of heirs.

Comment 2. Recording of the will and the probate and allowance thereof in the land records is recommended for convenience, but not a requirement of law or of this Standard.

Comment 3. The fifteen year time period for this Standard has no specific Vermont statutory basis, but is adopted because: (a) it extends beyond any applicable statute of limitations for defeasance by the administrator's or any tax lien, and (b) the likelihood of a successful adverse claim to title arising-after fifteen years is remote, reduced inter alia by the number of instances in which the record owner also takes possession establishing an additional independent claim to title by long user. Any conveyance of less than fifteen years duration of record should be confirmed by confirmatory, nunc pro tunc, or ordinary decree of distribution.

History

March 29, 2000 Inserted “a Vermont ” before probate court in the body of the standard and in Comment 1. Added the citation to 14 V.S.A. §113 et seq.

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