Detailed answer — what to do in Vermont probate when you are the sole heir and want the administrator removed
This article explains, in simple terms, how a sole heir in Vermont can ask the probate court to revoke letters of administration and seek appointment as the personal representative (administrator) of an intestate estate. It uses a short hypothetical to illustrate the common facts and then lists the practical steps you should expect. This is educational information only and not legal advice. For the statute framework for Vermont probate law, see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.
Hypothetical facts (illustration)
Mary dies without a will in Vermont. The court appointed a neighbor, Alex, as administrator after a petition was filed by Alex. Mary’s only child, Sam, is the sole heir under Vermont intestacy law. Sam believes Alex has ignored inventory requirements and spent estate funds for personal use. Sam wants the court to remove Alex and appoint Sam as administrator so the estate is properly managed and distributed.
What legal authority governs this?
Vermont’s probate and administration rules are located in Title 14 of the Vermont Statutes. That Title covers intestate succession, appointment of personal representatives, duties of administrators, and removal for cause. See: https://legislature.vermont.gov/statutes/title/14.
Key concepts you need to understand
- Letters of administration: the court’s written appointment that gives someone authority to act as the estate’s personal representative.
- Priority of appointment: Vermont law gives certain people priority to be appointed as administrator (surviving spouse, next of kin, etc.). If you are the sole heir, you have strong priority to be appointed.
- Grounds for removal: a court can revoke or suspend an administrator’s letters for cause — common grounds include misconduct, failure to perform duties, fraud, misappropriation of estate assets, failure to account, incapacity, or conflict of interest.
- Burden of proof: the person asking the court to remove the administrator must show sufficient evidence of the problem (misconduct, neglect, waste, etc.).
Step-by-step practical approach
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Get basic case records and confirm what was filed.
Go to the probate court clerk where the estate was opened. Request the probate file, the petition that led to appointment, the issued letters of administration, any inventories or accountings already filed, and the probate docket sheet. These items show who is recognized as administrator and what filings exist.
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Collect proof of your heirship and any problems.
Gather certified copies of the decedent’s death certificate and documents proving your relationship (birth certificate, family records). Collect evidence that shows the administrator’s misconduct or neglect: missing inventory, unpaid bills of the estate, cancelled checks, transfers of estate assets, bank statements, emails or letters, and witness statements.
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Request an accounting or informal demands first.
Before filing a formal petition, you can request a written accounting from the administrator. As a principal interested person you are entitled to information about estate administration. A written demand may lead to voluntary compliance and avoid a contested hearing.
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If no voluntary fix, file a petition to revoke letters (and for removal of the administrator).
In Vermont probate court you file a petition (sometimes called a motion or complaint) asking the court to revoke or suspend the administrator’s letters and to appoint you as successor. The petition should state facts for removal — e.g., failure to inventory, failure to give bond, misappropriation, incompetence, breach of fiduciary duty — and attach supporting evidence. Include a short proposed order for the judge.
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Ask for temporary relief if assets are at risk.
If estate assets are in immediate danger (money being spent, property being transferred), ask the court for temporary suspension of the administrator’s powers or for a preliminary injunction to prevent transfer or dissipation of assets while the court decides the removal petition.
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Serve notice to the administrator and other interested parties.
After filing, you must give proper notice to the current administrator and all interested parties (heirs, creditors, beneficiaries). The court will set deadlines for responses and may set a hearing date.
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Prepare for the hearing: assemble clear evidence and witnesses.
Bring the probate file, bank records, receipts, witness affidavits, photographs, and any written communications that show misconduct or neglect. Be prepared to explain why you have priority to be appointed as the successor administrator (being the sole heir is a strong factor).
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Possible outcomes.
The court may: (a) deny the petition, (b) order additional accounting or supervision, (c) suspend or remove the administrator and appoint you or another qualified person, or (d) impose other sanctions (bond requirements, repayment orders). If you are appointed, the court will issue new letters of administration to you.
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Appeals and next steps.
If the court rules against you, you may have the right to appeal under Vermont appellate rules. Conversely, the administrator may appeal a removal. Appeals have time limits; check the court’s orders and consult an attorney promptly.
Evidence that commonly persuades Vermont probate judges
- Failure to file an inventory or inventory filed late without good cause.
- Missing or unexplained withdrawals from estate accounts; mixed personal and estate funds.
- No bond when required by the court or by law, or an inadequate bond.
- Repeated failure to respond to heirs’ written requests for information or to court orders.
- Unreasonable delay in administering the estate or distributing assets.
- Convincing written or sworn witness statements describing misconduct.
Sample petition checklist (what your petition should include)
- Case caption and probate docket number
- Your name, relationship to the decedent, and statement that you are the sole heir
- Name of current administrator and date letters were issued
- Clear facts showing cause for removal (with attached exhibits)
- Request for relief: revoke/suspend letters, appoint petitioner as administrator, request for temporary relief if needed
- Certificate of service showing all interested parties were served
- Proposed order for the judge to sign
Practical tips and timeline expectations
Simple requests (demand for accounting, informal resolution) can be resolved in weeks. Formal contested petitions with hearings usually take months. If assets are at risk, move quickly to ask for temporary relief. The court balances the protection of estate assets with fairness to the appointed administrator.
When you should hire a probate attorney
Consider hiring a Vermont probate attorney if: the administrator resists providing records; you suspect theft or conversion of estate assets; the estate is large or contains complex assets (real property, businesses); or the case is contentious and likely to involve hearings. An attorney helps draft the petition, gather admissible evidence, and represent you at hearings.
Relevant Vermont statute resource
Vermont’s probate statutes are collected in Title 14 of the Vermont Statutes. That Title governs appointment, duties, and removal of personal representatives: https://legislature.vermont.gov/statutes/title/14.
Disclaimer
This information is educational and does not constitute legal advice. It is not a substitute for consulting a lawyer who can analyze your specific case and represent you in court. If you need help, contact a Vermont probate attorney promptly.
Helpful Hints
- Document everything. Keep written requests, receipts, and copies of filings.
- Get certified copies of the death certificate and court filings early.
- Ask the probate clerk for local forms and filing requirements; each county may have local procedures.
- Request an immediate accounting if you suspect mismanagement; courts take accounting failures seriously.
- If assets are being moved or spent, ask the court for emergency relief to freeze transfers.
- Be realistic about costs: contested probate fights can be expensive and reduce the estate’s value.
- Consider mediation if the administrator is open to resolving disputes without a long court fight.
- If you are appointed, expect to post a bond if the court requires it and file inventories and accountings on time.