Quick answer (what typically happens)

When someone dies without a will (intestate) in Vermont, the Probate Division of the Superior Court appoints a personal representative (often called an administrator) to collect assets, pay debts, and distribute the estate under Vermont intestacy rules. A sibling can be appointed if there is no surviving spouse, surviving descendants (children, grandchildren), or surviving parents with higher priority. To be appointed you file a petition with the probate court in the county where the decedent lived, provide required documents, and satisfy the court about your fitness and priority. The court issues Letters of Administration that authorize you to act for the estate.

Relevant Vermont law

Vermont’s probate and intestacy rules are in Title 14 of the Vermont Statutes (Probate, Trusts, and Fiduciaries). See the statutes for details on intestate succession, appointment of fiduciaries, and duties of personal representatives: https://legislature.vermont.gov/statutes/title/14. For procedural information and local probate office contacts, see the Vermont Judiciary website: https://www.vermontjudiciary.org/.

Detailed steps to seek appointment as administrator in Vermont

1. Confirm decedent’s residence and lack of a valid will.

   File in the probate court of the county where your sister lived at the time of death. If you can find a will, it must be submitted to the probate court. If no will exists, the estate is intestate and the court will appoint an administrator.

2. Identify heirs and priority for appointment.

   Vermont follows a priority order for appointment. Typically the order starts with a surviving spouse, then descendants (children), then parents, then siblings, and then more distant relatives. If no one with higher priority seeks appointment, a sibling is a proper candidate. Collect names and contact information for all likely heirs because the court will want to notify them.

3. Prepare and file a petition for appointment (petition for Letters of Administration).

   Go to the probate court in the appropriate county and file a formal petition asking to be appointed personal representative. The petition generally requires:

   • Decedent’s full name, date of death, and county of residence.
   • A statement that there is no will (or recital of attempts to locate one).
   • Your relationship to the decedent and a statement of why you have priority.
   • A list of known heirs and their contact information.
4. Provide required supporting documents.

   Typical documents include the certified death certificate, an affidavit of heirship or genealogical information, and an accepted filing fee. The court may require additional forms or identity verification. If assets are limited you may qualify for a simpler process (see “Helpful hints” below).

5. Notice to interested persons and potential hearing.

   The court will notify known heirs and interested persons. If no one objects and the paperwork is in order, the court may grant Letters of Administration without a hearing. If there is a dispute about who should serve, or objections to your appointment, the court may hold a hearing.

6. Bond requirement and waiver.

   The court may require the administrator to post a bond to protect estate creditors and heirs. In many cases, heirs who will inherit can consent in writing to waive the bond. The court will tell you whether a bond is necessary and the amount.

7. Receive Letters of Administration and begin administration.

   Once appointed, the court issues Letters of Administration (or similar authorization) that let you collect assets, pay valid debts and taxes, and distribute the remainder under Vermont intestacy rules. You must keep records, file inventories or accountings if required, and follow court deadlines for settling the estate.

Typical timeline and costs

Timing depends on court workload and whether there are objections. Simple, uncontested appointments can be completed in a few weeks to a few months. Contested matters can take much longer. Expect filing fees, possible bond costs, and expenses for publishing notice if the court requires it. If you hire an attorney, include attorney fees in your cost estimate.

What the administrator must do after appointment

• Secure estate assets (bank accounts, property, vehicles).
• Provide notice to creditors and pay valid claims per Vermont law and court direction.
• Inventory estate assets and, if required, file an inventory with the court.
• File estate tax returns if necessary and pay taxes.
• Distribute remaining assets to heirs according to Vermont intestacy rules.
• Keep detailed records and, if requested by the court or heirs, provide an accounting.

Common complications

• Multiple people apply for appointment or family disputes about who should serve.
• Unknown or missing heirs who later surface and challenge distributions.
• Significant debts, tax issues, or complex assets (businesses, out-of-state property, retirement accounts).
• Creditor claims or pending lawsuits against the decedent.

Helpful hints

• Get a certified death certificate early. Probate filings will require it.
• Gather documents: bank statements, deeds, titles, insurance policies, benefit notices, and any correspondence about the decedent’s assets or debts.
• Talk to surviving family members to identify heirs before filing; their cooperation can speed the process and may allow bond waivers.
• Check for a small-estate or simplified procedure: if the estate is small, Vermont may allow transfers without full administration — ask the probate clerk whether a simplified form or affidavit is available.
• Be prepared to post a bond if heirs do not waive it. Costs vary with the estate’s value.
• If you anticipate disputes, complex tax issues, or unfamiliar legal procedures, consult a Vermont probate attorney early to avoid delays and personal liability.
• Keep detailed records of all transactions. As administrator you may be personally accountable to the court and heirs for misuse of estate funds.
• Use the Vermont Judiciary website or contact the probate clerk in the decedent’s county for local forms, filing fees, and specific procedural questions: https://www.vermontjudiciary.org/