What to do if the person named as executor refuses to serve under Vermont law

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Vermont probate procedures to help you decide whether to consult a Vermont probate attorney or the probate court for specific guidance.

Detailed answer — how appointment works and what you can do

When someone dies leaving a will, the person the will names to handle the estate is usually called the executor or personal representative. Under Vermont probate practice, the court gives first priority to the person named in the will. If that person refuses or is unwilling to serve, the court will consider alternates named in the will and, if none are available, will appoint another suitable person (often a close family member) who petitions the court. The process is handled in the probate division of the Vermont Superior Court in the county where the deceased lived.

Practical steps you can take if your parent named your sibling first but the sibling refuses to serve:

1. Get a certified copy of the death certificate and a copy of the will. The probate court will require both when you file a petition.
2. Ask the named executor to sign a written renunciation (if possible). A signed renunciation makes the process cleaner. If the sibling signs a renunciation, you can file that with your petition. If they refuse to put the refusal in writing, you can still proceed; the court can record their failure to qualify or appear.
3. Decide which petition to file:
   • If you want to serve and the will exists, file a petition for appointment as personal representative “with the will annexed” (sometimes called an appointment as administrator c.t.a. — cum testamento annexo).
   • If the named executor has been appointed but later quits, you would petition to be appointed as successor personal representative (administrator de bonis non or successor personal representative in Vermont practice).
4. File the petition in the correct Vermont probate court. File in the probate division of the Superior Court for the county where the decedent lived. Include the will, the death certificate, any renunciation, and a list of interested persons (heirs and beneficiaries). The court will set any required notices or hearings.
5. Provide notice to interested persons. Vermont probate rules require notice to heirs and beneficiaries. Interested persons can object; if no one objects and you are suitable, the court will usually appoint you.
6. Be prepared to post bond if required. Many wills include a waiver of bond for the named executor. If the will does not waive bond and the court requires one, you may have to post a probate bond before issuance of Letters of Appointment.
7. Attend any required hearing and obtain Letters of Appointment. Once appointed, the court issues letters confirming your authority to act. With those letters you can access bank accounts, inventory estate property, pay debts, and distribute assets under the will.

Why the court will appoint you if the named executor refuses: the probate court’s main job is to ensure the estate is administered properly. If the named executor declines, the court looks for a person who is willing and suitable. That often includes adult children, surviving spouse, or another close relative who petitions to serve. The court will weigh conflicts of interest, competence, any history of misconduct, and the wishes of beneficiaries.

Where to find the law and forms:

• Vermont statutes governing trusts and decedents’ estates are in Title 14 of the Vermont Statutes. See Title 14 on the Vermont Legislature website: https://legislature.vermont.gov/statutes/title/14.
• Probate division information and forms are available from the Vermont Judiciary: https://www.vermontjudiciary.org/ — look under Courts > Probate Division > Forms.

Common scenarios and outcomes (hypotheticals)

Hypothetical A: The sibling signs a clear written renunciation. You file as personal representative with the will annexed. The court reviews the petition, no one objects, and it appoints you. You receive Letters of Appointment and proceed.

Hypothetical B: The sibling verbally refuses but declines to sign a renunciation. You file the petition anyway and list the sibling as the nominated but nonqualifying person. The court schedules a brief hearing or issues an order after notifying beneficiaries. Unless someone raises a valid objection (for example, you are incompetent or have a conflict), the court will usually appoint a willing, responsible close family member.

Hypothetical C: The sibling refuses because of a family dispute and an heir objects to your appointment. The court may hold a contested hearing. You should hire a probate attorney if a contested appointment looks likely — evidence, testimony, and legal arguments may determine who the court appoints.

Helpful hints

• Gather documents early: original will, certified death certificate, list of assets and debts, beneficiary contact info.
• Ask for a written renunciation from the named executor. A signed renunciation greatly speeds up appointment.
• Check the will for a bond waiver. If the will waives bond, you may avoid the cost of a probate bond.
• File in the county where the decedent lived. The Vermont probate court there has jurisdiction.
• Notify all interested persons as the court requires. Missing notice can delay appointment.
• Consider mediation or family discussion before filing. A short conversation sometimes resolves refusal issues without court intervention.
• Expect to provide proof of identity, age, and residency when you file.
• If someone contests your appointment, consult a Vermont probate attorney right away—contested probate proceedings involve specific rules and evidence standards.
• Act promptly. Delays can allow debts to grow, bank accounts to be frozen longer, or other parties to apply to administer the estate.

If you want help locating a probate attorney in Vermont or a local form, I can point you to resources or a checklist of documents to bring when you consult the court or an attorney.