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Searching 2023-2024 Session

The Vermont Statutes Online

The Vermont Statutes Online have been updated to include the actions of the 2023 session of the General Assembly.

NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.

Title 12 : Court Procedure

Chapter 107 : Appeals from Probate Court

(Cite as: 12 V.S.A. § 2556)
  • § 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.)