Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Vermont law, an estate administrator (personal representative) must settle debts, expenses, and taxes before distributing the remaining assets to beneficiaries. If an administrator delays or refuses to pay your inheritance share, you may take the following steps to compel distribution:
- Review probate records. Confirm the administrator’s appointment and review the filed will, inventory, and any prior account statements in the Probate Division file.
- Demand an accounting and distribution in writing. Send a certified letter to the administrator. Cite your entitlement under the will or intestacy and reference 14 V.S.A. § 350, which requires the administrator to file a formal account.
- File a petition for settlement and distribution. If the administrator ignores your demand, petition the Probate Division for an order to settle the estate accounts and distribute the residue per 14 V.S.A. § 353. The court will schedule a hearing and notify interested parties.
- Seek removal or surcharge of the administrator. For misconduct, waste, or unreasonable delay, petition under 14 V.S.A. § 324. The court can remove the administrator and appoint a successor (14 V.S.A. § 325) or order financial penalties against the administrator for losses caused.
- Attend the hearing and present evidence. Provide records of your demand, the estate’s inventory, and any communication showing the administrator’s refusal to distribute. The court will issue an order directing payment of your share.
- Enforce the court order. If the administrator still fails to comply, you may request a special administration or ask the court to hold the administrator in contempt until distribution occurs.
Helpful Hints
- Document all correspondence in writing and keep copies of letters and certified mail receipts.
- Gather estate documents, including the will, letters testamentary, inventory, and any prior accountings.
- Observe probate deadlines—unreasonable delay can weaken your claim.
- Consider consulting a probate attorney to navigate court procedures and hearings.
- Attend all probate hearings and be prepared to testify about losses or delays caused by the administrator.