Detailed Answer
When a person dies without a valid will (intestate) in Vermont, the Probate Division of the Superior Court must appoint a personal representative—commonly called an administrator—to manage and distribute the estate. Vermont law sets a clear process and priority for appointing an administrator.
1. Determine Priority of Heirs
Under 14 V.S.A. § 582, the court grants letters of administration in the following order of priority:
- Surviving spouse.
- Child or descendant of a deceased child.
- Parent of the decedent.
- Sibling of the decedent.
- Grandparent of the decedent.
- Public administrator (if no family member qualifies).
Link to statute: 14 V.S.A. § 582.
2. File a Petition for Letters of Administration
The potential heir must file a petition with the Probate Division in the county where the decedent resided. The petition must include:
- Certified copy of the death certificate.
- Names and addresses of all known heirs.
- Estimated value of estate assets and liabilities.
- Bond, if required by the court (14 V.S.A. § 584).
3. Serve Notice and Allow for Objections
After filing, the court issues a notice to interested parties. Those parties have 15 days to object (14 V.S.A. § 585). If no timely objection arises, the court proceeds to grant letters.
4. Court Issues Letters of Administration
Once approved, the court issues “Letters of Administration.” The administrator gains legal authority to:
- Collect and inventory assets.
- Pay valid debts and taxes.
- Distribute remaining assets to heirs under Vermont’s intestate succession rules (14 V.S.A. § 700).
The administrator must file periodic accountings and a final report with the court to complete the administration.
Disclaimer: This article provides general information about Vermont law. It does not offer legal advice. Consult a qualified attorney for guidance specific to your situation.
Helpful Hints
- Start the process promptly: Probate deadlines can affect estate value.
- Gather all asset records before filing the petition.
- Notify known heirs early to minimize objections.
- Check if the court requires an administrator bond and estimate its cost.
- Keep detailed records of all estate transactions for court reporting.