Short answer

Yes — you can usually open probate in Vermont for a Vermont-domiciled sibling even if you live in another state. The decedent’s domicile (where they lived) determines which Vermont Probate Division has authority. Because you live elsewhere, you may need to take extra steps (remote filing, appointing a local agent, bond, or hiring a Vermont attorney). This article explains the typical process, what documents you’ll need, and practical tips for managing an out-of-state probate.

Not legal advice: This is educational information only. It is not legal advice. For decisions that affect rights or obligations, consult a Vermont probate attorney or the Probate Division handling the estate.

What is probate and when is it required?

Probate is the court process that settles a deceased person’s affairs: validating a will (if any), appointing a personal representative (executor/administrator), locating and collecting assets, paying debts and taxes, and distributing remaining property to heirs. Probate is required when the decedent held assets in their own name that cannot pass automatically (for example, real estate titled solely in their name, bank accounts without a payable-on-death beneficiary, or certain investments).

Some assets avoid probate (joint tenancy, assets with designated beneficiaries, certain small estates). Whether you must open probate depends on the specific assets and how title or beneficiary designations are set up.

Which Vermont court handles the case?

Probate matters are handled by the Vermont Probate Division of the Superior Court in the county where the decedent was domiciled at death. Start by contacting that county’s Probate Division for local filing rules, forms, and remote options.

Vermont Judiciary probate information: https://www.vermontjudiciary.org/court-probates/probate-division

Governing law

Vermont’s probate and estates rules are found in Title 14 of the Vermont Statutes. For detailed statutory language and chapters that apply to wills, administration, and fiduciary duties, see the Vermont statutes online: https://legislature.vermont.gov/statutes/title/14

Who can serve as personal representative if I live out of state?

Vermont courts appoint a personal representative (called an executor when there is a will). Generally, the person named in the will gets preference. If there is no will, priority follows Vermont’s statutory order of preference for administrators. Living out-of-state does not automatically disqualify you, but the court will look at whether you can perform the duties and whether a bond or local agent is required.

If the court is concerned about a nonresident serving, it may require a surety bond or that you designate a local agent for service of process. Many out-of-state appointees hire a Vermont attorney or ask a trusted Vermont resident to act as co-administrator.

Step-by-step: How to open probate in Vermont from another state

1. Confirm the decedent’s Vermont domicile. The probate court in the county of the decedent’s domicile has jurisdiction. If the decedent owned Vermont real property, that may also require probate actions in Vermont.
2. Locate the original will (if any) and the death certificate. The Probate Division usually requires the original will for filing, plus a certified copy of the death certificate.
3. Contact the county Probate Division. Ask about remote filing options, local forms, filing fees, and whether the court accepts filings by mail or electronically. Each county may have slightly different procedures.
4. Prepare and file the petition for probate or administration. The petition typically asks the court to admit the will (if any) and appoint a personal representative. The petition usually requires a list of heirs and contact information, estimated estate assets, and any request for appointment as nonresident personal representative.
5. Designate an agent for service if requested. If you are nonresident, the court may ask for a local agent for service of process or a bond. You can often meet this by hiring a Vermont attorney or appointing a Vermont-based agent.
6. Post bond if required. The court may require a surety bond to protect the estate’s creditors and heirs. A bond is often purchased through a surety company and the premium is typically an estate expense.
7. Attend hearings (in person or remotely) and complete administration tasks. Some appearances can be done by phone or counsel. Once appointed, the personal representative gathers assets, pays debts/taxes, and distributes property according to the will or Vermont intestacy rules.
8. Close the estate with the court. After distributions and final accounting (if required), file final documents to close the estate and discharge the personal representative.

Common documents you’ll need

• Original will (if one exists).
• Certified death certificate.
• Petition for probate/letters of appointment forms (county-specific).
• Heirs’ names and addresses, and a beneficiary list for known accounts.
• Inventory or estimated list of assets and approximate values.
• Information about outstanding debts and creditor notices.
• Proof of your identity and contact information.

Small estates and alternatives to full probate

If the estate’s value is small or if most assets pass outside probate (payable-on-death accounts, joint tenancy with right of survivorship, or assets held in trust), you may avoid a full probate administration. Vermont provides simplified procedures for small estates in some cases; check the local Probate Division or consult an attorney to determine if a summary process applies.

Practical tips for out-of-state personal representatives

• Hire a Vermont attorney for filings, local appearances, and guidance on bond and notice requirements.
• Ask whether the county Probate Division will accept filings by mail or electronically to avoid frequent travel.
• If you cannot be physically present, arrange for your attorney to appear or for the court to allow remote participation.
• Keep careful records and receipts — fiduciary duties are strict and courts expect documentation of all transactions.
• Notify banks and institutions early; they often want a certified copy of Letters Testamentary or Letters of Administration before releasing funds.

When to hire a Vermont attorney

Consider hiring a Vermont probate attorney if the estate is complex (real estate, business interests, out-of-state assets), family members contest the will, there are creditor claims, or if you prefer not to handle court appearances yourself. An attorney can file papers, represent you at hearings, obtain required bonds, and coordinate estate administration across state lines.

Where to find local court information and forms

Start with the Vermont Judiciary Probate Division website for county contact information and statewide guidance: https://www.vermontjudiciary.org/court-probates/probate-division

For statutory guidance on wills, administration, and fiduciary duties, consult Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14

Helpful Hints

• Confirm the decedent’s Vermont county of residence first — that determines where you file.
• Gather the original will and multiple certified death certificates early.
• Call the county Probate Division before filing to ask about remote filing, local forms, and fee schedules.
• Consider appointing a Vermont attorney as your local agent for service and court appearances.
• Keep copies of every court filing and a clear file of receipts for estate expenses and distributions.
• If you are named in the will but decline appointment, the court will appoint the next eligible person under Vermont law.
• Notify banks, insurance companies, Social Security, and other institutions about the death promptly (they will tell you what documentation they need).