Detailed Answer — Who can become administrator and how to get appointed

1. Basic concept: what an administrator does

An administrator (sometimes called a personal representative when there is no will) is the person the probate court appoints to collect the decedent’s assets, pay valid debts and taxes, and distribute the remaining property according to Vermont’s intestacy rules. The administrator carries fiduciary duties to the estate and to the decedent’s heirs.

2. Who is eligible and how priority typically works

Vermont probate courts generally follow a priority list when appointing someone to administer an intestate estate. The preferred order usually starts with the surviving spouse, then adult children, parents, siblings, and then more remote relatives. If you are a sibling and there is no surviving spouse, no children and no surviving parent, you commonly will be in line to serve as administrator.

To be appointed you generally must:

• Be an adult (legally competent).
• Be willing to act and able to perform the duties.
• Not be disqualified by law (for example, in many places a person under legal incapacity cannot serve). If multiple people have equal priority, the court chooses the person it finds suitable.

3. How to start the process — practical steps

1. Locate the correct probate office: File in the probate district where the decedent lived. Vermont’s probate courts and forms are available through the Vermont Judiciary site: https://www.vermontjudiciary.org/court-probates.
2. Prepare and file a petition for administration: The petition asks the court to appoint an administrator. You will need a certified copy of the death certificate and information about heirs and known assets and debts.
3. Provide notice to interested persons: The probate office will direct how and when to notify heirs and creditors. Proper notice gives others the opportunity to object to your appointment.
4. Post bond if required: The court may require an administrator to post a surety bond to protect the estate. Heirs may sometimes agree to waive the bond, but the court decides whether a waiver is acceptable.
5. Receive letters of appointment: Once the court approves, it issues letters demonstrating your authority to act for the estate (collect assets, close accounts, etc.).

4. Duties after appointment

As administrator you will have responsibilities such as:

• Inventorying and safeguarding estate property.
• Paying valid debts, funeral costs and taxes.
• Filing any required estate tax or probate forms.
• Distributing remaining assets to heirs according to Vermont intestacy rules.
• Filing a final accounting with the probate court if required.

5. What if someone objects or a dispute arises?

Any interested person may object to your appointment or to actions you take as administrator. If disputes over priority, suitability or distribution arise, the probate court resolves them. If disagreements are likely or the estate is complex, consider consulting a probate attorney to protect the estate and your personal exposure.

6. Small estates and simplified procedures

Vermont offers simplified procedures for smaller estates or for limited assets (for example, certain bank accounts or personal property). These procedures can be quicker and avoid full administration, but eligibility depends on the type and value of assets. Check with the probate office or a lawyer about small-estate options.

7. Where to find Vermont statutes and forms

Probate and intestacy rules are in Vermont’s probate laws. For statute texts and detailed legal provisions see Title 14 of the Vermont Statutes: https://legislature.vermont.gov/statutes/title/14. For local probate office contact information and official forms, visit the Vermont Judiciary probate pages: https://www.vermontjudiciary.org/court-probates/probate-forms.

Helpful Hints

• Get several certified death certificates early — banks and agencies usually require them.
• Gather information on the decedent’s assets, account numbers and outstanding bills before filing.
• Talk with siblings and other heirs early. Written consent to your appointment can speed court approval and sometimes avoid bond requirements.
• Ask the probate office whether the estate qualifies for any simplified or small-estate process.
• Keep detailed records and receipts — you will likely need to report actions and expenses to the court and heirs.
• Consider limited help from an attorney for first-time administrators or for estates with real estate, business interests, or creditor disputes.
• Remember that acting as administrator can create personal liability if duties are not performed correctly; follow court directions and deadlines carefully.