How to Secure and Inventory a Deceased Relative’s Home in Vermont Before Appointment as Administrator

Short answer: Act quickly to secure the property, document everything, and use non‑confrontational, lawful steps to prevent siblings from removing items. Start a formal probate petition as soon as possible so the court can issue letters of administration (or temporary orders) that give legal authority to control and protect the estate. This article explains practical steps you can take right away and what Vermont law provides for after you file.

Disclaimer

This is general information, not legal advice. I am not a lawyer. For advice about your specific situation, consult a Vermont probate attorney.

Detailed Answer — Securing the House, Inventorying Belongings, and Stopping Siblings from Taking Items (Vermont)

When a person dies, their property becomes part of their estate and the probate court oversees who controls and distributes that property. Until someone is formally appointed by the probate court and receives letters of administration (or testamentary letters if there is a will), no one has full legal authority to act as the estate’s fiduciary. That said, you can and should take reasonable steps to preserve and protect the home and its contents while you pursue appointment.

1. Immediate safety and security steps (do these now)

• Change or secure locks only if you have legal authority or unanimous family agreement. If the house is shared or other family members contest changing locks, instead post a clear written notice on the door stating the property is part of an estate and ask that no items be removed pending probate. Keep a dated copy of the notice.
• Contact local law enforcement if you reasonably believe theft is occurring. Police can respond to trespass or theft in progress. Do not use force or threaten others to keep items.
• Ask a neutral third party (a trusted friend, neighbor, or professional property manager) to monitor the property if you cannot be there. Get this person to sign a short written statement saying when they begin monitoring the premises.
• Secure important documents (original will, title deeds, insurance policies, bank statements) and valuables (cash, jewelry, firearms) by removing them to a safe place—preferably a bank safe deposit box or a secure, locked container—if you have access and no one objects. If other family members dispute your taking documents, photograph them in place and seek a court order once you file for appointment.

2. Document everything (critical)

• Make a room‑by‑room inventory. Photograph and/or video each room from multiple angles showing contents. Time‑stamp or keep metadata where possible.
• List high‑value items (art, jewelry, electronics, antiques, firearms) with approximate value and location. Keep backup copies of the inventory offsite and in the cloud.
• Get contemporaneous witness statements. Ask two neutral witnesses to attest (in writing, signed and dated) to the condition of the house and the items inside when you first checked.
• Keep a log of visitors and removals. If siblings or others enter the property, write down dates, times, names, and what was taken (with photos if you can). These records help the probate court evaluate disputed removals.

3. Communicate carefully and in writing

• Send a polite, dated written notice (email plus mailed letter) to siblings and other interested persons asking them not to remove any items pending appointment of an administrator. Keep delivery records.
• Tell them you are filing for appointment and that removing property may violate Vermont law or be treated as conversion of estate property after probate is opened.

4. Start the probate process in Vermont quickly

• File a petition with the Vermont Probate Division to be appointed administrator (if there is no will) or personal representative (if there is a will). After filing, ask the court for prompt issuance of letters of administration so you have legal authority to protect and manage estate property.
• When you file, ask the court for interim or emergency relief if necessary—this can include an order granting you temporary possession or directing that no one may remove estate property pending a hearing. Vermont probate courts have procedures to appoint fiduciaries and can address urgent preservation needs.
• Vermont probate statutes and court resources are available online. See Vermont Statutes, Title 14 (Probate and Fiduciary Relations): https://legislature.vermont.gov/statutes/title/14 and the Vermont Judiciary’s probate information: https://www.vermontjudiciary.org/.

5. When siblings have already removed items

• If you can prove removal of estate items, you may ask the probate court to order return of the property or to compensate the estate for value. The court may treat unauthorized removal as conversion.
• If criminal theft occurred, you may report it to law enforcement and provide your inventory and documentation as evidence.
• Consult a Vermont probate attorney promptly. An attorney can file the correct motions and ask the court for recovery or protective orders.

6. Practical estate‑management steps once you have letters of administration

• Obtain official letters of administration from the probate court. These letters give you authority to collect, secure, and manage estate property.
• Change locks and hire a professional inventory service if the estate is large or contains many valuable items. Maintain an evidence chain for removed items.
• Get an appraisal for high‑value items and document receipts for any expenses you incur managing or securing the property—these are reimbursable from the estate subject to court approval.

7. Legal remedies and statutes

Vermont probate law governs appointment of personal representatives and distribution of estate property. The Vermont Legislature publishes its statutes online; probate provisions appear in Title 14. For specific filing forms and local procedures, consult the Vermont Judiciary’s Probate Division. See:

• Vermont Statutes, Title 14 (probate and related provisions): https://legislature.vermont.gov/statutes/title/14
• Vermont Judiciary (probate information and court contacts): https://www.vermontjudiciary.org/

Note: exact statutes about appointment, inventory, and fiduciary duties are located within Title 14 and related Vermont rules. A probate attorney can point you to the specific section that applies to your case and file petitions or emergency motions on your behalf.

Helpful Hints

• Act fast but calmly: secure, document, and notify—do not escalate to confrontation.
• Use photos and timestamps; cloud backups prevent accidental loss of proof.
• Get witness signatures for inventories and notices whenever possible.
• File for appointment immediately; courts move faster when there is a written petition and evidence of risk to estate property.
• If valuables must be removed for safekeeping, transport them with at least one witness and a written receipt describing the items and where they were placed.
• Preserve originals: if you remove original legal documents, note where you found them and who else had access.
• Consult a Vermont probate attorney early—many lawyers will handle emergency motions to get temporary court orders that protect estate assets while the appointment is pending.
• Keep all receipts for expenses you incur while protecting property; the probate court often reimburses reasonable expenses from estate assets.

When to Call a Vermont Probate Attorney

• If family members threaten or remove items despite requests not to.
• If the estate likely contains high‑value property or complex assets.
• If you need to file an emergency motion for temporary possession, injunctive relief, or to obtain letters of administration quickly.
• If you are unsure whether certain items belong to the estate or to an individual.

Working with an attorney does not mean you lose control; it helps ensure you follow Vermont law and preserve the estate’s value.