Detailed answer — how the process works under Vermont law

1. Who inherits when someone dies intestate in Vermont?

Vermont’s intestacy rules (Title 14 — Probate, Estates and Fiduciaries) control who gets the decedent’s property if there is no valid will. If the decedent left no surviving spouse, the estate generally passes to the decedent’s children equally. If a spouse survives, the spouse’s share depends on whether there are also surviving children. For the exact statutory language and ordering of heirs, see Vermont’s statutes (Title 14): https://legislature.vermont.gov/statutes/title/14.

2. Do you always need probate to transfer the house?

• If the property was held in joint tenancy or with right of survivorship, the surviving joint owner(s) automatically own the property and no probate is needed.
• If the property was held in a trust and the trust remains in effect, the successor trustee follows the trust’s terms.
• If title was solely in the deceased parent’s name, you usually must administer the estate through the Probate Division to obtain authority to transfer the house.
• Some smaller estates may qualify for an abbreviated or simplified procedure — check with the Probate Division or an attorney to see if that applies.

3. Steps to transfer real estate through probate in Vermont

1. Obtain certified copies of the death certificate. Town clerks or the Vermont Department of Health can issue certified copies you will need for banks, the probate court, and the land records office.
2. Identify the heirs and locate any documents. Check for a will, trust, deeds, mortgage papers, and insurance policies. If no will exists, determine all potential heirs (usually children and possibly a surviving spouse).
3. Open an estate with the Probate Division. File a petition for appointment of an administrator (the person who will manage the estate). The Probate Division of the Vermont Superior Court handles these matters; start at the court that covers the county where the decedent lived. The Vermont Judiciary website is a primary resource: https://www.vermontjudiciary.org.
4. Receive letters or authority to act. Once appointed, the administrator receives documentation (letters of administration or similar proof) showing authority to collect assets and handle real property.
5. Inventory assets and notify creditors. The administrator inventories estate assets, pays allowable debts, and makes any necessary tax filings.
6. Determine how to handle the house. Options include:
   • Selling the property and distributing proceeds to heirs;
   • Executing a deed from the administrator conveying the property to the heirs (if all agree and court procedures are met);
   • Partition action (if co-heirs cannot agree, one or more heirs may ask a court to divide or order sale).
7. Prepare and record the deed. The administrator or the person authorized by the court signs a deed (usually a fiduciary deed or deed by administrator). That new deed must be signed, notarized, and recorded in the town land records where the property is located. Recording the deed transfers legal title for most third‑party purposes (lenders, buyers).
8. Close the estate. After debts and taxes are paid and assets distributed, file final accountings and a petition to close the estate with the probate court.

4. Practical issues you will encounter

– Mortgages and liens: A mortgage stays attached to the property. Heirs typically must pay or refinance the mortgage, or the mortgage holder may ask for payment in full when ownership transfers. Obtain a title search to identify mortgages, liens, or other encumbrances.
– Property taxes and insurance: Ensure property taxes and homeowner insurance are current while the estate handles the house.
– Costs and bonds: The court may require an administrator to post a bond unless waived by the heirs. Probate filing fees, appraisal and attorney fees, and recording fees will apply.
– Disputes among siblings: If heirs cannot agree on sale vs. keeping the property, a partition or other court remedy may be necessary.

5. When you might avoid full probate

Depending on Vermont’s procedures and the size/nature of the estate, there may be simplified procedures for small estates or personal‑property collections that avoid formal administration. Check with the Probate Division or a probate attorney about small‑estate alternatives.

6. Helpful statutory and court resources

Primary sources for Vermont probate and intestacy law:

• Vermont Statutes, Title 14 (Probate, Estates and Fiduciaries): https://legislature.vermont.gov/statutes/title/14
• Vermont Judiciary (Probate Division information and court contacts): https://www.vermontjudiciary.org

7. When to get a lawyer

Consider hiring a Vermont probate attorney if any of the following apply:

• There are disputes among heirs or unknown heirs;
• The estate has significant debts, complex assets, or tax issues;
• There is a mortgage, title defects, or complex real‑property questions;
• You want help preparing court filings, deeds, or ensuring the transfer complies with Vermont law.

If everyone agrees and the estate is straightforward, a single attorney can often handle filings and prepare the required deed at reasonable cost.

Important disclaimer: This article is for educational purposes only and is not legal advice. For advice about a specific situation, consult a licensed Vermont attorney or the Probate Division of the Vermont Superior Court.

Helpful Hints — practical checklist to get started

• Get several certified copies of the death certificate right away.
• Search the deceased’s paperwork for deeds, title, insurance, mortgage, tax records, and any trust documents.
• Call the town clerk in the town where the house is located to confirm where deeds are recorded and ask about local recording fees and requirements.
• Contact the Probate Division in the county where your parent lived to learn local filing steps and forms; bring ID, the death certificate, and a list of heirs.
• Order a title search from a title company or attorney before transferring ownership or selling — this reveals mortgages, liens, or easements that must be resolved.
• If siblings want to keep the house jointly, decide in writing how expenses, taxes, and use will be handled; consider a written co‑ownership agreement and consult counsel.
• If one sibling will manage the probate, get written consent from the others when possible to simplify the administrator appointment and reduce the chance of disputes.
• Keep clear records of all estate transactions: receipts, bank statements, bills paid, and distributions to heirs.

For help finding a Vermont probate attorney, contact the Vermont Bar Association or ask the Probate Division for local attorney referral resources.