Short answer — what you can do right now

If you are an interested person in a Vermont probate case (for example, a child or other heir named in a will or who would inherit under intestacy) and you did not receive required notice before a sibling filed or submitted a final accounting, you can ask the probate court to reopen the matter, object to the accounting, and seek relief for lack of notice. Act quickly — courts enforce deadlines and equitable relief is fact-dependent.

How notice and accounting normally work in Vermont

Vermont’s probate statutes and court procedures require the personal representative (executor or administrator) to provide notice to interested persons and to report accountings to the court. Those rules are intended to give heirs and creditors an opportunity to review the estate’s transactions and to object before distribution is final. For the statutory framework see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14. For practical court procedures, see the Vermont Judiciary Probate Division information: https://www.vermontjudiciary.org/courts/probate.

Common hypothetical facts (for illustration)

Suppose your parent’s will names your sibling as personal representative. Your sibling files a final accounting and a petition for distribution with the probate court and the court enters an order distributing estate assets. You later learn about the probate from another relative and you never received any mailed notice or copy of the accounting.

Step-by-step actions to challenge the accounting in Vermont

1. Confirm your status and review the file. Determine whether the court treated you as an “interested person” (heir, devisee, beneficiary). Request certified or plain copies of the probate file, the final accounting, the notice record, and any distribution order from the probate court where the estate was opened. Most probate clerks will provide copies for a fee.
2. Check whether proper notice was given. Look for an affidavit of mailing or certificate of service in the court file. If none exists, or the mailing list omits you, note that lack of notice. Vermont law requires that interested persons be given an opportunity to participate; failure to notify may be grounds to reopen the estate or set aside distributions. See Title 14, Vermont Statutes: https://legislature.vermont.gov/statutes/title/14.
3. Act promptly — preserve and document lack of notice. Collect evidence showing you didn’t receive notice: no mail, no email, or no hand-delivered copy. Prepare a short written statement (timeline) describing when you first learned of the probate and how you discovered the distribution. Preserve relevant documents: the decedent’s will (if any), any letters you received from the personal representative, bank statements showing transfers, and communications with your sibling.
4. File a motion or petition with the probate court to reopen or set aside the accounting. Ask the probate court to reopen the account or set aside the distribution because you were not provided required notice and therefore were denied the opportunity to object. Typical relief sought includes reopening the final accounting, ordering an accounting if the filed accounting is incomplete, or setting aside improper distributions. The clerk can tell you the caption and filing requirements for such a petition.
   • Label your filing clearly (for example, “Petition to Reopen Estate/Objection to Final Accounting — Lack of Notice”).
   • Attach the evidence you collected and a proposed order asking the court to schedule a hearing and to provide any interim protection needed (such as freezing disputed assets).
5. Ask the court for interim relief if assets remain unsettled or at risk. If distributions are still pending or assets can be traced and recovered, request the court to freeze distributions or require bonds while the dispute is resolved. If the assets were already transferred to third parties, the court can sometimes order a surcharge or require the personal representative to repay improperly distributed funds.
6. Object substantively if the accounting is inaccurate or the personal representative breached duties. Objections can include claims that the accounting omitted transactions, charged improper expenses, failed to collect estate assets, or that the personal representative breached fiduciary duties. If you prove a breach, the court may surcharge the personal representative (require repayment) or remove them and order an accurate accounting and recovery of assets.
7. Consider alternative dispute resolution or settlement. The court may encourage mediation. If your sibling will agree, a negotiated resolution can avoid protracted litigation and may recover funds faster.
8. Consult a Vermont probate attorney promptly. Timelines and technical rules control many aspects of probate relief. An attorney can draft the correct petition, advise on deadlines, and represent you at hearing.

Key legal grounds the court may consider

• Failure to provide required notice to interested persons.
• Inadequate or fraudulent accounting, including omission or misstatement of estate assets.
• Breach of fiduciary duty by the personal representative (self-dealing, excessive fees, improper distributions).
• Procedural defects in the final distribution order (lack of jurisdiction over interested persons if they received no notice).

Practical timelines and urgency

Although exact statutory deadlines vary by the type of filing and relief sought, probate matters have strict timing. If you learn you were not given notice, start the process immediately: request the file, document non-notice, and file a petition to reopen or an objection. Delay can limit the court’s ability to recover assets already distributed or to remedy an accounting.

Helpful hints

• Get the court file: request certified copies of the will, letters testamentary/administration, accounting, and service affidavits from the probate clerk.
• Document your timeline: write down when and how you first learned of the probate and all communications with the personal representative or sibling.
• Preserve bank records and other financial documents that show transfers or distributions from the estate.
• Check whether the personal representative filed an affidavit of mailing or other proof of notice — absence of that proof strengthens your case.
• Ask the court clerk how to file a petition to reopen or object; clerks can provide form names and fee information but can’t give legal advice.
• Consider cost vs. recovery: small estates sometimes don’t justify lengthy litigation; mediation may yield the best practical outcome.
• Hire a probate attorney experienced in Vermont estate contests if significant assets or breaches are involved.