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.)
Vermont Legal Code