FAQ — Determining heirs and property ownership after a family member dies

Short answer: Start by checking whether the grandparent left a will or trust. If they did, the document usually names the heirs or beneficiaries and explains how property transfers. If there is no will, Vermont’s intestate succession rules decide who inherits. Property title also depends on how the property was owned (sole name, joint tenancy, tenancy in common, or held in a trust). You will likely need to check probate records and the deed records at the town where the property sits to confirm current ownership.

Detailed answer — step-by-step

1. Look for a will, trust, or other estate documents

Ask close family members first. Search the decedent’s home for a safe, file cabinet, or a labelled banker’s box. Check with the grandparent’s attorney, accountant, or financial advisor — they may hold estate papers. Funeral homes sometimes collect original wills for the family. If you find a trust, the trustee controls distribution according to the trust document and often avoids probate.

2. Contact the Probate Division

If you cannot find estate planning documents, contact the Probate Division of the Vermont Judiciary in the county where the grandparent lived. The Register of Probate can tell you whether a will has been filed and whether a probate case exists. Probate filings (petitions, inventories, orders) show who has been appointed personal representative and who the court has identified as heirs or beneficiaries.

Vermont Probate information: https://vermontjudiciary.org/courts/probate

3. Verify property title at the local land records office

Real estate deeds and mortgages are recorded in the town where the property is located. Visit or contact the Town Clerk, Town Land Records Office, or the local municipal clerk to pull the deed history (chain of title). The recorded deed shows the legal owners and the form of ownership (for example: sole owner, joint tenants with right of survivorship, or tenants in common). If the property is titled jointly with right of survivorship, the surviving joint owner usually becomes sole owner without probate.

4. Understand how Vermont law decides heirs when there’s no will

When a person dies without a valid will (intestate), Vermont’s intestacy rules determine who inherits. These rules prioritize certain relatives in this general order: the surviving spouse and descendants (children), then parents, siblings, nieces and nephews or more remote relatives. If the decedent has no living relatives, the property may escheat (pass) to the State of Vermont. For the statutory rules, see Vermont law on probate and intestacy: Title 14, Vermont Statutes.

5. Determine whether probate or another procedure is needed

If the property is solely in the grandparent’s name, the personal representative usually opens a probate estate to transfer title to heirs. Vermont has procedures for small estates and simplified administration in some cases. If the property was held jointly or in trust, probate may not be necessary. A qualified probate lawyer can confirm the needed process.

6. If heirs disagree or ownership is unclear

If family members dispute who the rightful heirs are, or if records are ambiguous, parties may need to file a probate petition asking the court to determine heirs or resolve title. In some cases, a quiet-title lawsuit clears ownership defects. These matters are fact specific and commonly require a lawyer.

Documents and records to collect

Death certificate
Any original will, codicil, or trust documents
Deeds and property tax records (from the town where the property is located)
Bank statements, brokerage accounts, safe-deposit box inventory
Marriage certificate, children’s birth certificates, and adoption papers
Funeral home contact and any letters from attorneys

Helpful Hints

Check family sources first: children, spouse, siblings, and close friends may know where documents are kept.
Contact the Register of Probate in the county where the grandparent lived to learn whether a probate case already exists.
Search deeds at the local Town Clerk or land records office where the property is located to see current title and recorded transfers.
Look for joint account holders and deeds that include “right of survivorship.” Those often transfer outside probate to the surviving co-owner.
If you find a trust, ask for the trustee’s contact information. Trust assets often pass according to the trust document without probate.
Gather documents showing family relationships (birth/marriage records) — the probate court uses these to verify heirs.
If the estate seems small, ask the Register of Probate about streamlined procedures for small estates under Vermont law.
Preserve originals and make copies. Keep a careful list of people and institutions you contact.
If there is a dispute or complex property title issue, consult a Vermont probate or real-estate attorney promptly.

When to talk to an attorney

Hire an attorney if the ownership is contested, there is significant real estate or debt, heirs are unclear or missing, or if you encounter complicated trust or tax issues. An attorney can file petitions, run a title search, and represent parties in court.

Useful Vermont resources

Vermont Judiciary — Probate Division: https://vermontjudiciary.org/courts/probate
Vermont Statutes (Title 14 — Probate and related law): https://legislature.vermont.gov/statutes/title/14
Contact your local Town Clerk to access deed and land records for property-specific title information.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general information about Vermont procedures and resources. For advice specific to your situation, consult a Vermont-licensed probate or real estate attorney.