Detailed answer — your rights and practical steps under Vermont probate practice

If someone has been appointed as an administrator of an estate in Vermont, that fiduciary owes duties to heirs, beneficiaries, and creditors. Those duties include preserving estate assets, accounting for estate activity, and providing certain information so interested parties can protect their rights. If the administrator is withholding information or documents, you have several options to compel disclosure and to seek court help.

What the law expects from an administrator

Under the Vermont probate framework (see Vermont probate statutes for the Probate Division and fiduciary duties: https://legislature.vermont.gov/statutes/title/14), a personal representative or administrator must identify and safeguard estate assets, provide inventories and periodic accountings when required, and act in the estate’s best interest. If the fiduciary refuses to provide basic estate information, that may be a breach of duty that the Probate Division can remedy.

Immediate practical steps you can take

1. Ask in writing. Send a short, polite written request describing the records you want (example: inventory, bank statements, funeral expenses, lists of assets sold, and the estate accounting). Use certified mail or email with read receipt so you have a record.
2. Check the probate court file. Many filings are public. The decedent’s will and the administrator’s appointment, inventories or accountings already filed should be available at the Probate Division that handled the estate. Vermont’s Probate Division information is at the Vermont Judiciary site: https://www.vermontjudiciary.org/Court-Resources/Probate-Division
3. Request an informal accounting. If the administrator has not provided an accounting, ask for one that lists all receipts, disbursements, asset values, and what remains of the estate.
4. Preserve evidence. Save all communications, copies of requests, and any documents you can obtain. Document dates you learn about asset dispositions or missing funds.

When to involve the Probate Division

If informal requests fail, you may file a petition with the Probate Division asking the court to compel an accounting or to order production of estate records. The court can:

• order the administrator to produce records;
• require a formal accounting under court supervision;
• impose sanctions or surcharge the administrator for losses caused by misconduct;
• remove or suspend the administrator if there is willful misconduct, incompetence, or failure to carry out duties.

These remedies are part of Vermont’s probate remedy structure (see Title 14 for statutory framework: https://legislature.vermont.gov/statutes/title/14).

Other legal tools

Depending on the facts, you might also:

• seek emergency temporary relief if the administrator is about to dissipate assets;
• file a civil suit for breach of fiduciary duty or conversion if assets were misapplied;
• request discovery through the court to obtain bank records, appraisals, and correspondence;
• ask the court for an independent audit of the estate records.

When removal is appropriate

If the administrator repeatedly ignores court orders, conceals assets, or otherwise breaches fiduciary duties, you can petition the Probate Division to remove the administrator and appoint a successor. Removal is a serious remedy and typically requires demonstrating misconduct, neglect, or incapacity.

Costs, timing, and realistic expectations

Litigation in probate can be slower and costly. Courts balance protecting estate assets with minimizing expense. Before filing a contested petition, weigh the value at issue against legal costs. Sometimes mediation or a court-ordered accounting resolves disputes quickly at lower cost.

When to hire an attorney

If the administrator continues to withhold documents or you suspect fraud or misappropriation, consult a Vermont probate attorney. An attorney can draft a demand letter, prepare a petition to compel an accounting, seek removal, and pursue civil claims if necessary.

Helpful hints

• Make all document requests in writing and keep copies; records of repeated requests help the court assess good faith.
• Ask the probate clerk whether any inventories, accountings, or filings have already been made in the estate file.
• Request specific documents: filed inventory, bank statements, sale agreements, appraisal reports, receipts for expenses, beneficiary notifications, and tax returns.
• Set a reasonable deadline in your written demand (for example, 14 days) and warn that you will seek court assistance if ignored.
• Keep a timeline of events and any suspicious transactions or transfers to third parties.
• Consider mediation or an agreed-upon accounting to avoid extended court battles when possible.
• If assets appear at risk (e.g., large transfers out of bank accounts), ask the court for temporary restraints to prevent dissipation.
• Remember statutes and local rules govern procedure—review Title 14 of Vermont statutes for general probate law: https://legislature.vermont.gov/statutes/title/14
• Contact a Vermont probate attorney early if you suspect fraud or if the administrator refuses all reasonable requests.