Detailed Answer
Disclaimer: This information is not legal advice. It only provides general guidance under Vermont law. Consult a qualified attorney before taking any action.
Under Vermont law, an estate closes when the court issues a final decree and distributes all known assets. If heirs later discover unclaimed assets—such as uncashed checks, overlooked bank accounts or forgotten real property—they can petition the Probate Division to reopen the estate. This process falls under 14 V.S.A. § 318. See 14 V.S.A. § 318.
Here are the key steps:
- Confirm Standing: Only heirs, devisees named in the will or persons with an interest in the estate may petition. You must show your relationship to the decedent (e.g., birth certificate, will copy).
- Identify Unclaimed Assets: Gather proof—bank statements, brokerage records, real‐estate deeds, or original beneficiary designations. Document why the asset did not pass in the first administration.
- Draft a Verified Petition: File a petition titled “Petition to Reopen Estate” with the probate court that handled the original administration. The petition should:
- Describe the decedent and original decree date.
- List each asset discovered and its approximate value.
- Cite 14 V.S.A. § 318 and request an order to reopen the estate.
- Provide Supporting Documents: Attach certified copies of asset evidence and an affidavit of due diligence showing you searched for heirs, creditors and claimants.
- Serve Interested Parties: Serve all known heirs, devisees and prior personal representatives with the petition. Vermont’s Rules for Probate Procedure require at least 14 days’ notice.
- Attend the Hearing: The court schedules a hearing. You must show that assets exist and that reopening is necessary to complete distribution. Heirs may object, but the court typically reopens estates when unclaimed assets surface.
- Order and Administration: If the court grants your petition, it issues an order reopening the estate. The court may reappoint the prior personal representative or name a new one. The representative collects the assets and distributes them under 14 V.S.A. § 315. See 14 V.S.A. § 315.
If more than 18 months have passed since closing, the court retains discretion under 14 V.S.A. § 105 to grant equitable relief. See 14 V.S.A. § 105. You must explain why you could not discover the asset sooner and show good cause for reopening.
Helpful Hints
- Start early: Begin your asset search before drafting the petition.
- Keep records: Document every step—search efforts, communications and filings.
- Meet deadlines: Check local probate rules for filing fees and notice periods.
- Consider mediation: If heirs disagree, mediation can resolve disputes without further court delays.
- Consult counsel: A probate attorney can help you prepare petitions and represent you at hearings.