Disclaimer

This is general information, not legal advice. I am not a lawyer. Laws change and every situation is unique. Consult a Vermont probate attorney or the probate division of the Vermont Superior Court for advice tailored to your case.

Short answer

If your dad died without a will in Vermont, you generally ask the probate court in the county where he lived to appoint an administrator (sometimes called a personal representative). The court will check who has priority under Vermont law, confirm there is no valid will, require certain documents (death certificate, petition, list of heirs), and may require a bond. If you are a priority heir and the court approves your application, it will issue letters appointing you as administrator and authorizing you to act for the estate.

Detailed answer — step by step under Vermont practice

1. Confirm there is no valid will

Before anything else, do a careful search for a will: check home files, safety deposit boxes, attorney files, email, and ask relatives. If a will exists, it must be presented to the probate court. If you confirm there is no will, you proceed with intestate appointment.

2. Identify the correct court and where to file

File the application in the probate division of the Vermont Superior Court in the county where your father lived when he died. The Vermont statutes that govern probate, intestacy, and creditors’ claims are in Title 14 of the Vermont Statutes; see the statute collection here: https://legislature.vermont.gov/statutes/title/14. For local filing procedures and forms, check the Vermont Judiciary site: https://www.vermontjudiciary.org/.

3. Prepare and file the petition to open probate and appoint an administrator

You or an attorney must prepare a probate petition (often called Petition for Administration, Petition to Open Estate, or similar). Common elements include:

• Decedent’s name, last residence, and date of death
• Statement that there is no will (or that no will has been presented)
• Names, addresses, and relationships of the heirs (surviving spouse, children, parents, siblings, etc.)
• Request that the court appoint you as administrator and issue letters of appointment
• Whether you will request appointment with or without bond (the court may require a bond)

Attach a certified copy of the death certificate if available.

4. Priority for appointment and common scenarios

Vermont law sets a priority order for who the court should appoint, typically starting with a surviving spouse, then adult children, then other relatives or creditors. If multiple people in the same priority class want to serve (for example, two or more adult children), the court will often try to appoint the person the heirs agree on; if they disagree, the court may consider convenience, fairness, or other factors before choosing. If nobody suitable asks, the court can appoint a creditor or public fiduciary.

5. Notice to interested persons and bond requirements

The court usually requires notice to known heirs and interested parties so they can object if they wish. The court also may require you to post a fiduciary bond to protect the estate from administrator misconduct. The bond amount depends on the size and nature of the estate and any statutory rules or local court practice.

6. Letters of appointment and powers

Once appointed, the court issues letters of appointment (letters testamentary or letters of administration). Those letters let you collect assets, pay debts and taxes, sell estate property if authorized by the court, and distribute the estate according to Vermont’s intestacy rules.

7. Duties after appointment

As administrator you must act as a fiduciary. Typical duties include:

• Inventorying and safeguarding estate assets
• Notifying and paying creditors within statutory timelines
• Filing required tax returns
• Keeping records, accounting to heirs, and distributing assets according to Vermont intestacy rules

8. Intestate distribution (how heirs inherit)

If there is no will, Vermont’s intestacy rules determine who receives property and in what shares. Those rules are part of Title 14. The exact distribution depends on who survives the decedent (spouse, children, parents, siblings, etc.). See general Vermont statutes on intestacy at: https://legislature.vermont.gov/statutes/title/14. The administrator must follow those rules when distributing assets to heirs.

9. Timing and costs

Time depends on estate complexity, creditor claims, tax issues, and whether heirs object. Simple administrations can finish in months; complex estates can take a year or more. Expect court filing fees, publication or notice costs, appraisal fees (if needed), and possible bond premiums. You may pay an attorney; administrators can also be compensated from the estate under court rules.

10. When to consider an attorney

Consider hiring a probate attorney if the estate has significant assets, conflicting heirs, contested creditor claims, tax complexities, real estate that must be sold, or if you are unsure about bond or fiduciary duties. An attorney can prepare filings, represent you at hearings, and reduce personal risk.

Hypothetical example

Hypothetical facts: Your father died in Vermont without a will and he lived in Chittenden County. He is survived by two adult children and no spouse. You and your sibling agree you will serve as administrator. You file a Petition for Appointment in Chittenden County Probate Division, listing heirs and attaching the death certificate. The court notifies the other heir; because you both agreed, the court appoints you and issues letters of administration (with a modest bond). You inventory assets, pay creditor claims, file final tax returns, and distribute the estate to you and your sibling according to Vermont intestacy rules.

Helpful Hints

• Start by locating the original death certificate and searching carefully for any will.
• Contact the probate division in the county of the decedent’s last residence to ask about local forms and requirements. Vermont statutes are at: https://legislature.vermont.gov/statutes/title/14.
• Gather a list of likely heirs with contact information before filing.
• Be prepared to post a bond; ask the court about the usual bond amount for estates like yours.
• Keep careful, dated records of every transaction you make for the estate; you will account for them to the court and heirs.
• If other heirs contest your appointment, remain professional and consult an attorney promptly.
• If the estate is small, ask the court about summary or simplified administration procedures that may reduce time and cost.
• Communicate often with heirs: transparency reduces conflict and speeds administration.