If your sister has died, you may be able to serve as the personal representative (sometimes called an executor or administrator) of her estate in Vermont, but whether you can depends on a few facts: whether she left a valid will naming someone, who her closest surviving relatives are, and whether any higher-priority person wants the job.

Who has priority to be appointed?

Vermont law sets an order of priority for appointing a personal representative. A person named as executor in a valid will has the first claim. If there is no will or the named person cannot or will not serve, the probate court generally gives preference to certain relatives in a defined order (for example a surviving spouse, adult children, parents, siblings, or other heirs). If you are a sister, you can usually be appointed if no one higher in the statutory order is available, willing, or qualified.

For the statutes governing probate, priorities, and the appointment process in Vermont, see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14

When does the will control?

If your sister left a valid will that names a particular person as personal representative, that person typically has the primary right to appointment. The probate court will normally honor the decedent’s appointment unless the named person is unwilling or disqualified.

How the court decides

When you petition the probate court, the judge will consider: the presence of a valid will, the statutory order of preference among potential representatives, any conflicts between interested parties, and whether an applicant is qualified and able to serve (for example, not disqualified by law or incapable of performing fiduciary duties). The court may require a bond, background information, and proof of death.

Practical steps to seek appointment in Vermont

1. Locate the original will (if any). If there is a will and it names an executor, notify that person.
2. Contact the probate division of the Vermont Superior Court in the county where your sister lived. The court’s clerk can explain local filing practices and required forms.
3. File a petition for appointment of a personal representative. Typical attachments include a certified death certificate and the original will (if there is one).
4. Provide notice to interested persons as required by the court and statute.
5. Attend the court hearing, if one is scheduled. If no one contests your appointment and you meet statutory requirements, the court may issue letters of appointment.
6. After appointment, follow the court’s instructions: inventory assets, publish or send creditor notices if required, collect assets, pay valid debts and taxes, and distribute the balance under the will or Vermont intestacy rules.

Common reasons the court might refuse or delay your appointment

• A valid will names a different person who is willing and able to serve.
• You are legally disqualified or lack capacity to serve.
• There is an unresolved dispute among interested persons (heirs or creditors).
• You fail to post a required bond or satisfy other court conditions.

Responsibilities of a personal representative

Once appointed, a personal representative has a fiduciary duty to the estate and its beneficiaries. Typical duties include:

• Safeguard estate property.
• Prepare an inventory and file required reports with the probate court.
• Provide notice to creditors and handle valid creditor claims.
• File any required tax returns and pay estate taxes.
• Distribute remaining assets according to the will or state intestacy law.
• Keep accurate records and provide accounting to the court and beneficiaries.

When to get help

If the estate is large, has complex assets (business interests, real estate in multiple states, retirement accounts), contested claims, or taxes due, consider consulting a Vermont probate attorney to protect you from personal liability and to help meet filing and reporting requirements.

Where to find Vermont court forms and local instructions

Visit the Vermont Legislature statutes for governing law: https://legislature.vermont.gov/statutes/title/14 and contact the probate division of the Vermont Superior Court in the county where the decedent lived for local forms and filing guidance. The Vermont Judiciary website (https://www.vermontjudiciary.org) also provides court contacts and general probate resources.

Helpful Hints

• Gather the original will (if any), multiple certified copies of the death certificate, a list of known assets and creditors, bank and investment statements, and deeds before you visit the probate court.
• Call the probate clerk first. They can tell you which forms the court requires and whether a hearing is needed.
• If someone else is named in the will, contact that person. If they decline, the court will consider the next eligible person.
• Be ready to post a bond if required. The court may waive the bond for small or straightforward estates or for a person named in the will who is trusted by the decedent.
• Keep careful records of every transaction you handle for the estate. Accurate records protect you and simplify final accounting to the court and heirs.
• If beneficiaries object to your appointment, ask the court clerk about mediation or scheduling a hearing to resolve disputes.
• Consider limited-scope legal help for tasks like preparing inventory, filing tax returns, or resolving creditor claims if you are unsure how to proceed.