Detailed Answer

If your father died without a will in Vermont, state law controls who inherits his assets. This process is called intestate succession. You start by identifying close family members and then apply the order set out in Vermont Statutes Title 14, Chapter 143.

1. Identify a Surviving Spouse

Under 14 V.S.A. § 2-104, a surviving spouse inherits a share before other relatives. If your father was married at the time of death, gather a copy of the marriage certificate and verify the marriage was valid under Vermont law.

Link: 14 V.S.A. § 2-104

2. List Children and Their Descendants

Next, list all biological and legally adopted children. Vermont treats adopted children the same as biological children. Under 14 V.S.A. § 2-102, children and their descendants share equally if no spouse survives, or split the balance after the spouse’s share.

Link: 14 V.S.A. § 2-102

3. Consider Parents and Siblings

If no spouse or children survive, the estate goes to your father’s parents in equal shares. If one parent is deceased, that parent’s share passes to their descendants (your siblings) under 14 V.S.A. § 2-103.

Link: 14 V.S.A. § 2-103

4. Extend to More Distant Relatives

If no parents or siblings exist, Vermont law looks to grandparents, aunts, uncles, and their descendants under 14 V.S.A. § 2-105. The state will continue to search up and down your family tree until an heir is found.

Link: 14 V.S.A. § 2-105

5. No Heirs Found

If you locate no heirs, the estate escheats to the State of Vermont under 14 V.S.A. § 2-106.

Next Steps

1. Gather vital records: birth, marriage, and adoption certificates.
2. Create a family tree chart with dates and relationships.
3. File a petition in the probate court of the county where your father lived.
4. Serve notice to potential heirs as required by Vermont law.

Disclaimer

This article provides general information and does not constitute legal advice. For guidance on your specific situation, consult a licensed Vermont attorney.

Helpful Hints

• Check for informal documents such as handwritten notes indicating family ties.
• Review your father’s financial records—joint accounts can signal a surviving spouse.
• Use online resources like the Vermont Probate Court website to find local filing requirements.
• Consider DNA tests only if you cannot locate traditional records, and discuss privacy concerns first.
• Keep detailed notes of all steps and communications during your search.