The Vermont Statutes Online

Title 14A: Trusts

Chapter 002: Judicial Proceedings

• § 201. Role of court in administration of trust

  (a) The Probate Division of the Superior Court may intervene in the administration of a trust to the extent its jurisdiction is invoked by an interested person or as provided by law.

  (b) A trust is not subject to continuing judicial supervision unless ordered by the Probate Division of the Superior Court.

  (c) A judicial proceeding involving a trust may relate to any matter involving the trust’s administration, including a request for instructions and an action to declare rights.

  (d) Upon motion of any party in a probate action concerning the administration of a trust under the provisions of this title, the presiding probate judge shall permit an appeal to be taken to the Superior Court from any interlocutory order or ruling if the judge finds that the order or ruling involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the termination of the litigation. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)

• § 202. Jurisdiction over trustee and beneficiary

  (a) By accepting the trusteeship of a trust having its principal place of administration in this State or by moving the principal place of administration to this State, the trustee submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.

  (b) With respect to their interests in the trust, the beneficiaries of a trust having its principal place of administration in this State are subject to the jurisdiction of the courts of this State regarding any matter involving the trust. By accepting a distribution from such a trust, the recipient submits personally to the jurisdiction of the courts of this State regarding any matter involving the trust.

  (c) This section does not preclude other methods of obtaining jurisdiction over a trustee, beneficiary, or other person receiving property from the trust. (Added 2009, No. 20, § 1.)

• § 203. Subject matter jurisdiction

  (a) The Probate Division of the Superior Court has exclusive jurisdiction of proceedings in this State brought by a trustee or beneficiary concerning the administration of a trust.

  (b) The Probate Division of the Superior Court has concurrent jurisdiction with other courts of this State of other proceedings involving a trust. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)

• § 204. Venue

  (a) Except as otherwise provided in subsection (b) of this section, venue for a judicial proceeding involving a trust is in the probate district of this State in which the trust’s principal place of administration is or will be located and, if the trust is created by will and the estate is not yet closed, in the probate district in which the decedent’s estate is being administered.

  (b) If a trust has no trustee, venue for a judicial proceeding for the appointment of a trustee is in a probate district of this State in which a beneficiary resides, in a probate district in which any trust property is located, and if the trust is created by will, in the probate district in which the decedent’s estate was or is being administered. (Added 2009, No. 20, § 1.)

• § 205. Matters in equity

  The Probate Division of the Superior Court may hear and determine in equity all matters relating to trusts in this title. (Added 2009, No. 20, § 1; amended 2009, No. 154 (Adj. Sess.), § 236, eff. Feb. 1, 2011.)