Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for advice specific to your situation.
Detailed Answer
Under Vermont intestacy law (14 V.S.A. § 901 et seq.), priority for appointment as administrator generally follows a ranking of heirs. A higher-priority heir (for example, a surviving spouse or child) typically holds the first right to serve. However, an alternative party like Alice may obtain appointment where a higher-priority heir is unwilling, unavailable, or disqualified.
First, Alice should file a petition for appointment of administrator in the Probate Division of the Vermont Superior Court. She must provide notice to the decedent’s closest heirs, including the higher-priority heir. If the higher-priority heir fails to apply within the statutory period or formally renounces appointment (14 V.S.A. § 905), the court may grant Alice’s petition.
Second, if the higher-priority heir is legally incompetent, a minor, or otherwise disqualified (14 V.S.A. § 903), Alice can move to have that heir deemed unfit. Upon a court finding of unfitness or unwillingness, the court applies the next-ranking heir under 14 V.S.A. § 904.
Finally, if the higher-priority heir declines or cannot serve, Alice may be appointed as a “distributee or any person interested” under 14 V.S.A. § 904. The court evaluates Alice’s bond, background, and ability to administer the estate properly. Once approved, the court issues letters of administration to Alice.
Helpful Hints
- Review Vermont’s intestacy statutes (starting at 14 V.S.A. § 901).
- File your petition and notice promptly—delay may affect appointment rights.
- Obtain waivers or written renunciations from higher-priority heirs when possible.
- Gather documentation if challenging an heir’s competence or qualifications.
- Prepare an appropriate surety bond as required by the court.
- Consult a probate attorney to navigate the probate process.