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Detailed Answer

When a loved one dies, banks typically lock the decedent’s accounts until a court authorizes access. If co-heirs won’t cooperate, you must seek formal probate authority or an emergency appointment. Follow these steps under Vermont law:

1. Obtain a Certified Death Certificate. Request a certified copy from the Vermont Department of Health’s Vital Records office. Banks require the official death certificate to recognize the account freeze. (Vermont Vital Records)
2. Determine if a Will Exists. If there is a will, file a petition for Letters Testamentary with the probate division of the Superior Court. See 14 V.S.A. § 507. If there is no will, petition for Letters of Administration under 14 V.S.A. § 520.
3. Seek an Emergency or Special Administrator. Co-heir conflicts can delay the regular process. Petition the court under 14 V.S.A. § 509 for a Special Administrator. The court may issue an order granting temporary authority to secure assets, including a freeze or transfer of balances to an estate account.
4. Present Court Documentation to the Bank. Provide the institution with:
   • The certified death certificate.
   • Letters Testamentary, Letters of Administration, or Letters of Special Administrator.
   • A court order, if issued, directing the bank to hold or transfer funds.

   Banks generally comply once they have official paperwork. If the bank resists, file a motion for injunctive relief in probate court to enforce the freeze.

5. Fulfill Bond and Identification Requirements. Vermont law may require a bond from your personal or special representative (14 V.S.A. § 518). Bring valid photo ID and proof of bond to the bank to complete their verification process.

Helpful Hints

• Start the probate process promptly to avoid missing critical deadlines.
• Contact each bank to confirm its specific requirements and fee schedule.
• Keep certified copies of all court orders and Letters; banks often retain documents.
• Maintain detailed records of communications with co-heirs and financial institutions.
• Consult an attorney if co-heirs file competing petitions or if complex assets are involved.