How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in VT? | Vermont Probate | FastCounsel
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How Can a Potential Heir Be Appointed as Administrator When the Decedent Left No Will in VT?

Detailed Answer

When a person dies without a valid will (intestate) in Vermont, the Probate Division of the Superior Court must appoint a personal representative—commonly called an administrator—to manage and distribute the estate. Vermont law sets a clear process and priority for appointing an administrator.

1. Determine Priority of Heirs

Under 14 V.S.A. § 582, the court grants letters of administration in the following order of priority:

  • Surviving spouse.
  • Child or descendant of a deceased child.
  • Parent of the decedent.
  • Sibling of the decedent.
  • Grandparent of the decedent.
  • Public administrator (if no family member qualifies).

Link to statute: 14 V.S.A. § 582.

2. File a Petition for Letters of Administration

The potential heir must file a petition with the Probate Division in the county where the decedent resided. The petition must include:

  • Certified copy of the death certificate.
  • Names and addresses of all known heirs.
  • Estimated value of estate assets and liabilities.
  • Bond, if required by the court (14 V.S.A. § 584).

3. Serve Notice and Allow for Objections

After filing, the court issues a notice to interested parties. Those parties have 15 days to object (14 V.S.A. § 585). If no timely objection arises, the court proceeds to grant letters.

4. Court Issues Letters of Administration

Once approved, the court issues “Letters of Administration.” The administrator gains legal authority to:

  • Collect and inventory assets.
  • Pay valid debts and taxes.
  • Distribute remaining assets to heirs under Vermont’s intestate succession rules (14 V.S.A. § 700).

The administrator must file periodic accountings and a final report with the court to complete the administration.

Disclaimer: This article provides general information about Vermont law. It does not offer legal advice. Consult a qualified attorney for guidance specific to your situation.

Helpful Hints

  • Start the process promptly: Probate deadlines can affect estate value.
  • Gather all asset records before filing the petition.
  • Notify known heirs early to minimize objections.
  • Check if the court requires an administrator bond and estimate its cost.
  • Keep detailed records of all estate transactions for court reporting.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.