Detailed Answer

Overview: If someone dies and you want to be appointed their estate administrator or co-administrator in Vermont, you must ask the probate court in the county where the decedent lived (or owned real property) to appoint you. The court will consider whether a valid will exists, whether an executor was named in the will, and which persons have legal priority to serve. Vermont’s probate process is governed by state law (Title 14), and the Probate Division of the Vermont Judiciary handles filings and hearings. See Vermont law: 14 V.S.A. (Probate, Trusts, and Fiduciaries) and the Vermont Judiciary Probate page: Vermont Judiciary — Probate Division.

Step-by-step process to seek appointment

1. Identify whether a will exists and whether an executor is named.

   If the decedent left a will that names an executor, that person has first priority. If the named executor is willing and able, the court typically admits the will to probate and issues letters testamentary to that person. If the named executor is unwilling, unavailable, or disqualified, the court will appoint an administrator or administrator with the will annexed.

2. Determine your priority to serve if there is no will.

   If no valid will exists, Vermont law gives priority to certain categories of people (for example, surviving spouse, adult children, other next of kin). The court will appoint an administrator from among those people or another proper person if no priority applicant is available. If multiple people of the same priority apply, the court decides who to appoint.

3. Collect required documents before filing.
   • Original will (if any).
   • Certified death certificate.
   • A list of likely heirs and their contact information.
   • An estimated inventory of major assets (bank accounts, real estate, vehicles).
   • Identification for the proposed administrator(s).
4. Prepare and file a petition with the probate court.

   Complete the probate petition or application for appointment in the appropriate county. If filing to admit a will, file a petition for probate of the will and for appointment of an executor. If there is no will, file a petition for appointment of an administrator. The Vermont Judiciary website provides probate forms and filing instructions: Vermont Judiciary Forms. The court clerk will advise filing fees and local requirements.

5. Give notice to interested persons.

   After you file, the court typically requires that notice be given to heirs, beneficiaries, and possibly creditors. Notice rules protect the rights of others with an interest in the estate and give them an opportunity to object to appointment or to the will’s probate.

6. Bond requirement.

   The court may require the administrator to post a bond (a financial guarantee) to protect estate creditors and beneficiaries. The bond amount depends on the estate’s value. The court can waive or reduce bond in some circumstances, such as when the will expressly waives bond or when all heirs consent.

7. Hearing and issuance of letters.

   If there are no valid objections, the judge will sign an order appointing the administrator or co-administrators. The court then issues letters of appointment (letters of administration or letters testamentary), which authorize you to act for the estate (collect assets, pay bills, sell property if authorized, and distribute assets).

8. Act as administrator.

   After appointment, you must inventory and secure estate assets, notify creditors, pay valid debts and taxes, and distribute remaining assets according to the will or Vermont intestacy rules. You must keep records and may need to file inventories and accountings with the court.

9. Final accounting and closing the estate.

   When administration is complete, the administrator files a final accounting and a petition to close the estate. After the court approves, the estate closes and the administrator is discharged.

How co-administrators work in Vermont

The court can appoint more than one administrator (co-administrators) if it finds that joint appointment is appropriate. Co-administrators must be able to work together, and the court can limit or define each co-administrator’s powers. The court may require a bond that covers the whole estate and may require separate letters for each co-administrator. If the proposed co-administrators disagree or present conflicting interests, the court may refuse joint appointment and choose a single administrator.

Common reasons an appointment is denied or delayed

• Disputed validity of the will or competing petitions from multiple parties.
• Applicant lacks legal capacity (e.g., minor, incapacitated) or is disqualified (e.g., convicted felon in some cases).
• Failure to provide required notice to interested persons.
• Insufficient documentation (missing original will or death certificate).

Hypothetical example

Mary dies in Vermont leaving no will. Her adult children, John and Priya, agree to serve together. John collects Mary’s death certificate and bank statements and visits the probate court in the county where Mary lived. The children file a petition for appointment of co-administrators, provide an heir list and asset estimates, and request a bond waiver (all heirs consent). The court schedules a short hearing, accepts the petition, waives the bond because all heirs agree, and signs letters appointing John and Priya as co-administrators. They then inventory assets, notify creditors, and administer the estate under court supervision.

Where to find Vermont forms and statutes

• Vermont statutes (Title 14 — Probate, Trusts, and Fiduciaries): https://legislature.vermont.gov/statutes/title/14
• Vermont Judiciary — Probate Division and local court contacts: https://www.vermontjudiciary.org/courts/probate
• Probate forms and filing information: https://www.vermontjudiciary.org/forms

Disclaimer

This article explains general Vermont probate practice and is for educational purposes only. It is not legal advice. For specific guidance about your situation, contact a licensed Vermont attorney or the probate court clerk in the county where the decedent lived.

Helpful Hints

• Start by locating the original will (if any) and multiple certified copies of the death certificate before you visit the court.
• Call the probate clerk’s office in the relevant county to confirm local forms, filing fees, and hearing schedules.
• If multiple people want to serve, try to get written agreement about who will serve and about bond to avoid contested hearings.
• Consider a bond waiver only if all heirs and interested parties truly agree; a later dispute can complicate administration.
• Keep organized records: receipts, bank statements, notices to creditors, and inventories. Good records simplify final accounting and reduce disputes.
• Hire an attorney if the estate is complex, includes real estate in multiple states, has tax issues, or if beneficiaries are in conflict.
• If you are not appointed, you can still ask the court for information about the appointment and about whether an appeal or objection is appropriate.