How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in VT?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

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.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.