Detailed answer — can heirs of a deceased sibling be included in a Vermont partition action, and how?

Yes. If one of the co-owners named in a partition action has died, that co-owner’s interest does not disappear: the deceased owner’s successors (heirs or devisees) step into the deceased’s place as the persons who own that share of the property. To resolve the whole property through partition, the court must have all persons with an ownership interest in the property before it. That means the deceased owner’s heirs (or the estate representative) should be made parties to the partition action so the court can divide or sell the property and distribute proceeds correctly.

How this works in practice (straightforward steps)

1. Confirm the deceased owner’s title interest. Look at the deed and land records to verify the deceased was a co-owner and the share and type of ownership (tenancy in common, joint tenancy with right of survivorship, etc.). If ownership was a joint tenancy with right of survivorship, the share may have passed automatically to the surviving joint tenant(s) and may not go through probate.
2. Determine whether the deceased had an estate opened in Vermont probate. If the deceased’s estate was opened and an executor or personal representative has letters (letters testamentary or letters of administration), that representative can be substituted as a party to represent the deceased owner’s interest in the partition action.
3. If there is no probate opened, identify the heirs. Under Vermont probate and intestacy law, the deceased’s heirs are usually spouse, children, parents, or more remote relatives depending on the family. You can identify likely heirs by family records, death certificate, wills, and by searching probate records in the county where the decedent lived.
4. Add the right parties to the partition case. The typical options are:
   • Amend the complaint or file a motion to join the heirs and/or the estate representative as additional defendants so the court can adjudicate the deceased owner’s share.
   • If there is a personal representative, substitute that representative for the deceased owner (procedures for substitution are governed by the Vermont Rules of Civil Procedure on substitution of parties).
5. Provide proof of death and of heirship or representation. File a certified copy of the death certificate and either (a) letters testamentary/letters of administration if there is a probate estate, or (b) an affidavit or other proof identifying heirs (an affidavit of heirship) if no formal probate exists. The court may require more formal probate evidence in some cases.
6. Serve the new parties properly. After you add heirs or an estate representative, they must be served in the manner required by the Vermont Rules of Civil Procedure. If you cannot find an heir after reasonable effort, Vermont procedure permits service by publication or other substituted service when the court authorizes it; the court will set the required notice steps.
7. Address title questions that can complicate partition. If title is unclear (disputed wills, incomplete probates, missing heirs, or claims by creditors), the court may pause the partition to resolve those issues or may require the party bringing partition to take additional steps to protect unknown claimants (like depositing sale proceeds into the court registry).

Key practical points to watch for

• If the property was held as joint tenants with right of survivorship, an ownership interest may have passed outside probate to the surviving joint tenant(s). That changes who must be joined.
• Anyone who claims an ownership interest must be made a party or be given adequate notice. Failing to include or notify a true owner can create grounds later for reopening the judgment or challenging the partition sale.
• Bringing an estate representative into the case is often cleaner than naming multiple heirs individually, but that requires that probate has been opened and letters issued.
• If heirs are minors or legally incapacitated, you may need a guardian ad litem or a court-approved guardian to represent their interests in the partition action.

Where to find the governing Vermont procedures

Procedures governing substitution of parties, joinder, and service are based on the Vermont Rules of Civil Procedure and Vermont probate practice. For official rules and statutes, consult the Vermont Judiciary and Vermont Legislature websites for current texts and forms:

• Vermont Judiciary (court rules and forms): https://www.vermontjudiciary.org/
• Vermont Legislature (statutes, including probate and property statutes): https://legislature.vermont.gov/

Because courts can require specific filings or proof in individual cases, contact the court clerk in the county where the property lies for local filing rules, or talk to a Vermont attorney who handles real-property litigation or probate for case-specific guidance.

Helpful Hints — what to do now and what you’ll need

• Gather key documents before you file: the deed(s) showing ownership, the decedent’s death certificate, any will, any letters from probate, and any recent tax or mortgage statements tied to the property.
• Search county probate records and land records. Probate records show whether an estate exists and who is appointed as representative. Land records show current recorded owners and liens.
• If you plan to add heirs, prepare an amended complaint or a motion to join parties and attach proof of death and the best available proof of heirship or representation.
• Be prepared to show the court reasonable efforts you took to locate missing heirs (mail, phone calls, online searches). If heirs cannot be located, ask the court for permission for substituted service or service by publication and follow the court’s instructions exactly.
• Consider opening probate if you are an heir and there is no representative; a formal estate makes substitution and settlement simpler in court actions.
• If the other co-owners are cooperative, consider a negotiated partition-by-agreement or buyout, which can avoid litigation costs and delay.
• Keep copies of all filings and proof of service. In partition cases, missing or improper service is a common reason judgments are later challenged.

For sample forms and procedural rules consult the Vermont Judiciary site and consider a short consultation with a Vermont lawyer experienced in real property and probate to confirm the correct steps for your county and facts.