Detailed Answer — practical steps under Vermont law

This section explains, in plain language, what heirs or beneficiaries should know and do when a personal representative (also called an estate administrator or executor) stops communicating, delays distribution, or refuses to distribute estate assets in Vermont.

1. Understand the administrator’s duties

The personal representative has a fiduciary duty to marshal estate assets, provide notice to interested persons, keep records, file required inventories and accountings, pay valid debts and taxes, and distribute what remains according to the will or Vermont intestacy law. If the administrator is not meeting those duties, beneficiaries have several court-based and out-of-court options to enforce the estate process.

2. Gather documents and make a clear written demand

• Collect the will, any letters of appointment (Letters Testamentary or Letters of Administration), the death certificate, and any probate filings you can obtain from the probate court.
• Document attempted communications (emails, letters, phone logs). Send a written demand asking for an accounting and a timeline for distribution. Keep copies.

3. Request an accounting

Beneficiaries may request a formal accounting that shows all receipts, expenses, transactions, and the proposed distribution plan. If the administrator refuses or provides an inadequate accounting, an interested person can petition the probate court to order an accounting and to review the administrator’s actions.

4. File motions in Vermont Probate Court

If informal requests fail, heirs can use the probate court to compel action. Common filings include:

• Petition for an accounting: Ask the court to require the administrator to file a full accounting.
• Motion to compel distribution: If the estate is ready for distribution and the administrator refuses without lawful reason, ask the court to order distribution.
• Petition for removal and appointment of successor: If the administrator is neglecting duties, acting incompetently, committing misconduct, or is otherwise unfit or unavailable, the court can remove and replace the administrator.
• Petition for surcharge or restitution: If the administrator misused or lost estate assets, the court can hold them financially responsible (surcharge) and order repayment.
• Emergency motions: In cases of imminent loss of assets, you can ask the court for temporary relief (for example, to freeze accounts or to appoint a temporary administrator).

The probate statutes and procedures that govern these remedies are in Vermont’s probate laws (Title 14). For background on the state’s probate statutes, see the Vermont statutes, Title 14: Probate, Trusts, and Fiduciary Relations: https://legislature.vermont.gov/statutes/title/14. For court-specific process and local probate contacts, see the Vermont Judiciary’s probate information: https://www.vermontjudiciary.org/courts/probate.

5. Consider a civil claim for breach of fiduciary duty

If the administrator’s conduct caused financial harm (misappropriation, self-dealing, or gross negligence), heirs may file a civil lawsuit for breach of fiduciary duty in addition to probate remedies. Successful claims can lead to monetary damages and replacement of the administrator.

6. Criminal referral where appropriate

If you have reason to believe the administrator committed theft, embezzlement, or fraud, you can report the conduct to law enforcement. Criminal charges are handled outside probate, but a criminal conviction can support civil and probate remedies.

7. Use alternative dispute resolution

Mediation or settlement negotiation can resolve disputes faster and at lower cost than contested court proceedings. A mediated agreement can be presented to the probate court for approval when needed.

8. Timing and costs to consider

• Probate court actions can take weeks to months depending on complexity and court schedules.
• Legal fees and court costs may be recovered from the estate in many situations, but not always; ask the court to charge unreasonable delay or misconduct to the administrator where permitted.
• Act promptly if assets are at risk of dissipation.

9. Practical hypothetical example

Hypothetical: A decedent in Vermont named a friend as administrator. Six months after probate, the administrator will not answer calls, refuses to provide an inventory of bank accounts, and has not filed an accounting. Beneficiaries should (1) obtain a copy of the probate file from the local probate court, (2) send a written demand for an accounting, and (3) if ignored, file a petition in probate court asking the judge to order an accounting and either compel distribution or remove the administrator and appoint a successor. If money is missing, beneficiaries may also seek a surcharge and notify law enforcement.

Helpful Hints

• Document everything. Dates, times, and copies of communication are critical evidence.
• Get the probate file from the court early — it contains the will, appointment papers, and previous filings.
• Ask the court for interim orders if assets are at risk (e.g., to freeze accounts or appoint a temporary administrator).
• Be realistic about cost: contested probate litigation can be expensive; weigh likely recovery against fees.
• Consider mediation before litigation to save time and preserve family relationships.
• If you suspect criminal conduct, report it — but also pursue probate remedies to protect the estate’s interests.
• Use Vermont’s probate resources: start at the Vermont Judiciary probate page: https://www.vermontjudiciary.org/courts/probate and review Title 14 statutes: https://legislature.vermont.gov/statutes/title/14.