The Vermont Statutes Online

Title 12: Court Procedure

Chapter 107: Appeals from Probate Court

• § 2551. Supreme Court jurisdiction of probate proceedings in Superior Courts

  The Supreme Court shall have jurisdiction of questions of law arising in the course of the proceedings of the Superior Courts in probate matters, as in other causes. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1973, No. 154 (Adj. Sess.), § 75, eff. Feb. 1, 2011.)

• § 2552. Repealed. 1959, No. 261, § 68.

• § 2553. Appeals to Civil Division; appellate jurisdiction

  The Civil Division of the Superior Court shall have appellate jurisdiction of matters originally within the jurisdiction of the Probate Division of the Superior Court, except as herein otherwise provided. (Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 4, eff. Feb. 2, 2011.)

• § 2554. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 2555. Appeal to Civil Division

  Except as otherwise provided, a person interested in an order, sentence, decree, or denial of a Probate Division of the Superior Court, who considers himself or herself injured thereby, may appeal therefrom to the Civil Division of the Superior Court. (Amended 1959, No. 261, § 59; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2011, No. 1, § 5, eff. Feb. 2, 2011.)

• § 2556. Appeal from commissioners

  (a) In the two following cases, an executor, administrator, or creditor may appeal to the Superior Court from the decision and report of the commissioners, if notice of appeal is filed with the clerk of the Superior Court appealed to within 30 days after the return of the commissioners’ report:

  (1) when the commissioners disallow a claim in whole or in part to the amount of $20.00 or more in favor of a creditor or of the estate;

  (2) when the commissioners allow a claim in whole or in part, and the sum allowed and objected to amounts to $20.00 or more.

  (b) In case an appeal is taken as provided in subsection (a) of this section, if a claim in favor of the estate against such claimant or a claim in favor of the claimant against such estate, has not been presented to the commissioner by reason of fraud, accident, or mistake, on trial of such appeal, and upon filing proper statement of such claim in Superior Court, recovery may be had for such claim not presented to the commissioners by reason of such fraud, accident, or mistake. (Amended 1959, No. 261, § 60; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 76.)

• § 2557. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• §§ 2558-2560. Repealed. 1959, No. 261, § 68.

• § 2561. Appeal by creditor, devisee, legatee or heir

  When an executor or administrator declines to appeal from the decision of the commissioners, a person interested in the estate as creditor, devisee, legatee, or heir may appeal from such decision as the executor or administrator might have done. (Amended 1959, No. 261, § 56; 1971, No. 185 (Adj. Sess.), § 60, eff. March 29, 1972.)

• §§ 2562-2565. Repealed. 1959. No. 261, § 68.

• § 2566. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.

• § 2567. Costs on appeal

  If costs are taxed against an executor or administrator on appeal to the Supreme or Superior Court, they shall be allowed to him or her in his or her administration account. (Amended 1971, No. 185 (Adj. Sess.), § 61, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.)

• § 2568. Repealed. 1959, No. 261, § 68.

• §§ 2569-2571. Repealed. 1971, No. 185 (Adj. Sess.), § 237, eff. March 29, 1972.