Disclaimer: This article provides general information on Vermont probate procedures. It does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
When a Vermont court appoints you as estate administrator and you have limited information about heirs, you must conduct a diligent search to locate and verify potential beneficiaries. Vermont law requires you to make reasonable efforts to find all heirs before you distribute assets.
1. Review Available Records: Start with the decedent’s documents. Examine wills, trusts, deeds, tax returns, bank statements and address books. Note any names, addresses, phone numbers or family connections.
p>2. Check Vital Records: Request birth, marriage and death certificates from the Vermont Department of Health. These records help confirm relationships and dates.
3. Search Public Databases: Use the National Change of Address (NCOA) database, property records and probate filings at the county level. The Vermont Judiciary’s Probate Division maintains case files you can review.
4. Publish Notice by Court Order: If an heir’s whereabouts remain unknown, file a motion for notice by publication under 14 V.S.A. § 526. The court will authorize publication in a local newspaper for a specified period. Reference: 14 V.S.A. § 526.
5. Genealogical Research: Consult online family tree databases, genealogical societies and social media to trace distant relatives. Professional genealogists can assist when your leads dry up.
6. Verify Heirship: Once you locate a potential heir, confirm their identity and relationship with certified vital records or sworn affidavits. In some cases, the court may require an heirship hearing under 14 V.S.A. § 6003 to establish the legal line of succession. Reference: 14 V.S.A. § 6003.
7. Maintain Documentation: Keep detailed records of every search step, publication notices, correspondence and filings. This documentation demonstrates your good-faith effort to locate heirs.
Helpful Hints
- Use online directories (Whitepages, LinkedIn) to trace last-known addresses.
- Contact local town clerks for land and tax records.
- Post notices at community centers in the decedent’s last residence.
- Check social media platforms for recent activity or family groups.
- Consider hiring a private investigator for hard-to-find heirs.
- Network with family members and close friends for additional leads.
- Verify any claim with certified documents before distribution.
- File all notices and affidavits timely to avoid probate delays.