The Vermont Statutes Online

Title 4: Judiciary

Chapter 007: Probate Courts

• Subchapter 001: Probate Districts

• § 271. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.

• § 272. Probate districts; Probate judges

  (a) There shall be one Probate district in each county, which shall be designated by the name of the county. Each Probate district shall elect one Probate judge.

  (b) To hold the position of Probate judge, a person shall be admitted by the Supreme Court to practice law. This subsection shall not apply to any person who holds the office of Probate judge on July 1, 2010.

  (c) The Chief Superior Judge may specially assign a Probate judge to hear a case in a geographical district other than the district for which the Probate judge was elected. (Added 2009, No. 154 (Adj. Sess.), § 17; amended 2021, No. 147 (Adj. Sess.), § 16, eff. May 31, 2022.)

• § 273. Repealed. 2009, No. 4, § 120, eff. April. 24, 2009.

• § 274. Repealed. 1993, No. 171 (Adj. Sess.), § 3, eff. June 1, 1994.

• §§ 275-277. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.

• § 278. Authorization of assistant judges

  (a) An assistant judge or a candidate for the office of assistant judge may also seek election to the office of Probate judge and if otherwise qualified and elected to both offices, may serve both as an assistant judge and as Probate judge.

  (b) In the event a probate matter arises in the Superior Court over which an assistant judge is also the Probate judge who presides, or has presided, over the same or related probate matter in the Probate Court, the assistant judge shall be disqualified from hearing and deciding the probate matter in the Superior Court.

  (c) In the event a probate matter arises in the Probate Court over which a Probate judge is also an assistant judge who presides, or has presided, over the same or related probate matter in the Superior Court, the Probate judge shall be disqualified from hearing and deciding the probate matter in the Probate Court. (Added 2009, No. 154 (Adj. Sess.), § 17a.)

• Subchapter 002: Jurisdiction

• § 311. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.

• § 311a. Venue generally

  For proceedings authorized to the Probate Division of Superior Court, venue shall lie as provided in Title 14A for the administration of trusts, and otherwise in a probate district as follows:

  (1) Decedent’s estate for a resident of this State: in the district where the decedent resided at the time of death.

  (2) Decedent’s estate for a nonresident of this State: in any district where estate of the decedent is situated.

  (3) Appointment of a conservator for the estate of an absent person:

  (A) in the district of the absent person’s last legal domicile; or

  (B) if a nonresident of this State, in any district where estate of the absent person is situated.

  (4) [Repealed.]

  (5) Appointment of a trustee for the estate of an absent person:

  (A) in the district of the absent person’s last legal domicile; or

  (B) if the absent person has no domicile in this State, in any district where property of the absent person is situated; or

  (C) in any district of residence of a fiduciary or representative of an estate having possession and control of property the absent person received by virtue of a legacy or as an heir of an estate.

  (6) Cemetery trusts:

  (A) in the district where the trustee resides; or

  (B) in the district where the creation of the trust is recorded.

  (7) Appointment of a guardian of a person resident in this State: in the district where the person under guardianship resides at the time of appointment, except when the guardian is appointed for a minor who is interested in a decedent’s estate as an heir, devisee, or legatee or representative of either, in the district where the decedent’s estate is being probated.

  (8) Appointment of a guardian for a nonresident minor: in the district where the minor owns or has an interest in real estate.

  (9) Termination or modification of a guardianship or change of a guardian:

  (A) in the district of the appointing court; or

  (B) in the district where the person under guardianship resides.

  (10) [Repealed.]

  (11) Estate of a nonresident charitable or philanthropic testamentary trust:

  (A) in any district where the legacy or gift is to be paid or distributed; or

  (B) in any district where the beneficiary or beneficiaries reside or are located.

  (12) Appointment of a guardian as to the estate of a nonresident subject to guardianship in this State or under guardianship in another state: in any district where the estate of the nonresident under guardianship or person who may need a guardian is situated.

  (13) Change of residential placement for a person under total or limited guardianship:

  (A) in the district of the appointing court; or

  (B) in the district where the person under guardianship resides.

  (14) Petition to determine title to property in the name of a person deceased seven or more years without probate of a decedent estate: in the district where the property is situated.

  (15) Uniform gifts to minors:

  (A) petition to expend custodial property for a minor’s support, education, or maintenance: in the district where the minor resides;

  (B) petition for permission to resign or for designation of a successor custodian: in the district where the minor resides.

  (16) Relinquishment for adoption:

  (A) in the district where a written relinquishment is executed; or

  (B) in the district where a licensed child-placing agency to which written relinquishment is made has its principal office.

  (17) Adoption:

  (A) if the adopting person or persons are residents of this State, in the district where they reside;

  (B) if the adopting person or persons are nonresidents, in a court of competent jurisdiction where they reside; or

  (C) if the prospective adoptee is a minor who has been relinquished or committed to the Department for Children and Families or a licensed child-placing agency, in the district where the Department or agency is located or has its principal office.

  (18) Change of name: in the district where the person resides.

  (19) Appeal from a denial by the State Registrar of Vital Records of a request for a new, corrected, amended, or delayed birth certificate: in the district where the birth occurred or allegedly occurred.

  (20) Correction or amendment of a civil marriage or civil union certificate or issuance of delayed certificate: in the district where the marriage or civil union license was issued or allegedly issued.

  (21) Appeal from a denial by the State Registrar of Vital Records of a request for a corrected or amended death certificate: in the district where the death occurred or, if the place of death is unknown, where the body was found.

  (22) Emergency waiver of premarital medical certificate: in the district where application is made for the civil marriage license.

  (23) Proceedings relating to cemetery lots: in the district where the cemetery lot is located.

  (24) Trusts relating to community mausoleums or columbariums: in the district where the community mausoleum or columbarium is located.

  (25) Petition for license to convey homestead interest of a spouse who lacks capacity to protect his or her interests due to a psychiatric disability: in the district where the homestead is situated.

  (26) Declaratory judgments (unless otherwise provided in Title 14A for proceedings relating to the administration of trusts):

  (A) if any related proceeding is then pending in any Probate Division of the Superior Court, in that district; or

  (B) if no proceeding is pending:

  (i) in the district where the petitioner resides; or

  (ii) if a decedent’s estate, a guardian or person under guardianship, or trust governed by Title 14 is the subject of the proceeding, in any district where venue lies for a proceeding thereon.

  (27) [Repealed.]

  (28) Appointment of a trustee for a person confined under a sentence of imprisonment: in the district or unit in which the person resided at the time of sentence or in the district or unit in which the sentence was imposed.

  (29) Proceedings concerning 18 V.S.A. chapter 231: in the district where the principal resides or in the district where the principal is a patient admitted to a health care facility.

  (30) Proceedings under 18 V.S.A. chapter 107, subchapter 3: in the district where the decedent resided at the time of death or where the remains are currently located. (Added 1985, No. 144 (Adj. Sess.), § 3; amended 2005, No. 55, § 4, eff. Sept. 1, 2005; 2007, No. 56, § 3; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 20, § 4; 2009, No. 92 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 18A, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 13; 2013, No. 131 (Adj. Sess.), § 100; 2017, No. 46, § 56, eff. July 1, 2019.)

• § 312. Resident’s estate; settlement

  If an inhabitant of this State dies, his or her will shall be proved, or letters of administration granted and his or her estate settled in the Probate Court of the district in which he or she resided at the time of his or her death.

• § 313. Nonresident’s estate; settlement

  If a person resided out of the State at the time of his or her death, his or her will shall be allowed and recorded, and letters testamentary or of administration shall be granted in the Probate Court of any district in which he or she had estate.

• §§ 314, 315. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.

• Subchapter 003: Organization and Powers

• §§ 351-353. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 2, 2011.

• § 354. Disqualification of judge or register; penalty

  A judge or register shall not act as guardian, executor, administrator, trustee, or in any other fiduciary capacity or as attorney in any probate matter pending in any court in the State while holding either office. A judge or register who violates a provision of this section shall be imprisoned not more than six months or fined not more than $500.00, or both. (Amended 1961, No. 149, eff. June 7, 1961.)

• § 355. Disqualification or disability of judge

  When a Probate judge is incapacitated for the duties of office by absence, removal from the district, resignation, sickness, death, or otherwise or if the judge or the judge’s spouse or child is heir or legatee under a will filed in the judge’s district, or if the judge is executor or administrator of the estate of a deceased person in his or her district, or is interested as a creditor or otherwise in a question to be decided by the court, he or she shall not act as judge. The judge’s duties shall be performed by a Superior judge assigned by the presiding judge of the unit. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 20, eff. Feb. 1, 2011.)

• § 356. Authority of judge after end of term

  (a) A Probate judge whose term of office has expired, or who has vacated such office, shall have authority to act in the capacity of Probate judge to conclude causes and proceedings partly or fully heard before the judge as Probate judge as fully and effectively as he or she could if he or she remained in such office. He or she may make, sign, and enter findings, decisions, orders, and decrees in causes or proceedings so pending before him or her as Probate judge, and all such acts so performed by the judge shall have as full force and effect as they would have had if he or she had remained in office.

  (b) The jurisdiction conferred by subsection (a) of this section shall not be exercised if the presiding judge of the unit determines that the successor to the Probate judge will assume jurisdiction for all or part of the cases.

  (c) A Probate judge who exercises the jurisdiction conferred by subsection (a) of this section shall receive compensation at a rate fixed by the Court Administrator. (Amended 1971, No. 185 (Adj. Sess.), § 15, eff. March 29, 1972; 2009, No. 154 (Adj. Sess.), § 21, eff. Feb. 1, 2011.)

• § 357. Registers of Probate

  The Superior Court clerk or court operations manager, in consultation with the Probate judge, and following the approval of the Court Administrator, shall hire a register of probate for each unit. The Probate judge may request that the Court Administrator designate one or more staff persons as additional registers. (Amended 1969, No. 125, § 4; 1971, No. 191 (Adj. Sess.), § 9; 1973, No. 106, § 3, eff. May 25, 1973; 1977, No. 160 (Adj. Sess.), eff. March 30, 1978; 1981, No. 76; 1997, No. 92 (Adj. Sess.), § 4; 2009, No. 154 (Adj. Sess.), § 22; 2017, No. 28, § 1, eff. May 10, 2017.)

• §§ 358-361. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.

• § 362. Oaths

  A Probate judge or register may administer oaths. (Amended 2009, No. 154 (Adj. Sess.), § 23, eff. Feb. 1, 2011.)

• § 363. Powers

  (a) A Probate judge may issue warrants, subpoenas, and processes in conformity with the law necessary to compel the attendance of witnesses or to produce books, papers, documents, or tangible things, or to carry into effect the orders, sentences, or decrees of the Probate Court or the powers granted it by law.

  (b) A Probate judge may appoint not more than three masters to report on a particular issue or to do or perform particular acts or to receive and report evidence. (Amended 1985, No. 144 (Adj. Sess.), § 7; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 3, eff. Feb. 2, 2011.)

• § 364. Commitment to enforce orders

  If a person does not comply with an order, sentence, or decree of the Probate Division of the Superior Court in a proceeding formerly within the jurisdiction of the Probate Court, the court may issue a warrant committing the person to the custody of the Commissioner of Corrections until compliance is given. (Amended 1985, No. 144 (Adj. Sess.), § 8; 2009, No. 154 (Adj. Sess.), § 24, eff. February 1, 2011.)

• § 365. Repealed. 1985, No. 144 (Adj. Sess.), § 163.

• §§ 366, 367. Repealed. 2009, No. 154 (Adj. Sess.), § 238a(a)(1), eff. February 1, 2011.

• § 368. Repealed. 1985, No. 144 (Adj. Sess.), § 163.

• § 369. Nonresident’s estate; notice to Commissioner of Taxes; information to banks

  (a) When an executor or administrator is appointed to administer within this State an estate of a deceased person who resided in another state or country at the time of his or her death, the judge who issued the appointment shall forthwith notify the Commissioner of Taxes in writing of the appointment, giving the name and residence of the deceased person at the time of his or her death, the name and residence of the executor or administrator, the date of his or her appointment, and the court making the appointment.

  (b) The Commissioner shall keep a full record in each case and upon inquiry made of him or her by any savings bank or savings institution in the State shall at once notify the bank or institution whether, as shown by his or her record, an executor or administrator has been appointed by any court in the State to administer the estate of the deceased person named in the inquiry. If there has been such an appointment, the Commissioner shall furnish the information required by this subsection to the bank or institution forthwith. (Amended 2009, No. 154 (Adj. Sess.), § 25, eff. Feb. 1, 2011.)

• § 370. Repealed. 1985, No. 144 (Adj. Sess.), § 163.