Detailed Answer

1. First immediate steps after a death

• Obtain multiple certified copies of the death certificate from the town clerk or the funeral home. Institutions will require certified copies to release assets.
• Locate the will and any important papers (bank statements, life insurance policies, deeds, titles, account passwords, and safe-deposit box information).
• Secure property and valuables. Change locks if necessary and notify institutions (banks, utilities) that the account holder has died.

2. Determine whether the estate must go through probate

In Vermont, not all estates require formal probate. Some assets pass outside probate (joint accounts, accounts with payable-on-death beneficiaries, certain trusts, and life insurance proceeds payable to a named beneficiary). If most assets transfer automatically, you may not need to open a formal probate case.

For estates that do require court involvement, the Probate Division of the Superior Court handles filings and administration. See Title 14 of the Vermont Statutes for probate rules: Vermont Statutes, Title 14 (Probate, Trusts & Fiduciary Relations). You can also find court-level guidance at the Vermont Judiciary probate page: Vermont Judiciary – Probate Division.

3. If there is a will: opening probate and appointing a personal representative

1. File the original will with the probate court in the county where your mother lived. The court will record the will and accept a petition for appointment of a personal representative (sometimes called an executor).
2. The court issues Letters Testamentary (or similar documents) that give the personal representative authority to act for the estate.
3. The personal representative inventories assets, notifies beneficiaries, and follows court instructions for administration.

4. If there is no will (intestate succession)

When a person dies without a valid will, Vermont’s intestacy rules determine who inherits. A close family member (often a surviving spouse or children) may file to be appointed administrator of the estate. The administrator’s duties mirror those of a personal representative under a will.

5. Inventory, notices, and creditor claims

• Prepare an inventory of assets and approximate values. Common assets: real estate, bank accounts, retirement accounts, life insurance, vehicles, and personal property.
• Publish or send notices to known creditors if required by the probate court. Vermont probate procedure includes timeframes for creditor claims—follow the court’s directive.
• Pay valid debts and taxes before distributing property to beneficiaries.

6. Taxes and final accounting

File the decedent’s final income tax returns and any required Vermont filings. Vermont may have estate or inheritance rules that apply depending on the estate size; consult the Vermont Department of Taxes: Vermont Department of Taxes. Keep detailed records and prepare a final accounting for the court and beneficiaries.

7. Distributing the estate and closing probate

Once debts, expenses, and taxes are paid, distribute remaining assets to beneficiaries per the will or Vermont intestacy laws. File the court-required closing documents and, if required, obtain the court’s approval to close the estate.

8. Special situations you may encounter

• Disagreements among family members about will validity or distribution. These disputes are handled in probate court and may require legal representation.
• When a decedent owned real estate in multiple states, additional probate (ancillary probate) may be necessary in those states.
• Unlocated assets or accounts may require active searching and contacting institutions directly.

9. Where to find forms and how to file

Use the Vermont Judiciary probate page for local court contacts, filing locations, and forms: Vermont Judiciary – Probate Division. If you need help finding the correct county office, contact the court clerk for the county where your mother lived.

10. When to consult an attorney

Consider hiring an attorney if the estate is complex (real property, business interests, contested will, unclear debts, or significant tax concerns). To find an attorney, use the Vermont Bar Association’s lawyer referral resources: Vermont Bar Association.

Helpful Hints

• Collect several certified death certificates right away; banks and agencies often require originals.
• Keep a single file (physical or digital) of all estate documents and communications—this simplifies accounting and reduces disputes.
• Do not transfer or distribute assets until you know whether probate is required and you have legal authority (Letters Testamentary or Letters of Administration).
• Contact financial institutions early to learn their procedures; some accounts may release funds with a certified death certificate and beneficiary designation.
• Be cautious about transferring real estate or liquidating assets until you confirm title status and creditor obligations.
• Ask the probate clerk for a checklist specific to your county—the clerk can point you to required forms and local filing fees.
• If beneficiaries live out-of-state, coordinate on notices and documentation to avoid delays.
• Keep beneficiaries informed. Clear communication reduces surprises and contests.
• Consider meeting with a probate attorney for a short consultation to review the facts and estimate costs versus doing it yourself.