Organization and Powers

V.S.A. tit. 4, ch. 7, subch. 3

in effect

4 V.S.A. § 354 Disqualification of judge or register; penalty

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.

4 V.S.A. § 355 Disqualification or disability of judge

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 the judge’s district, or is interested as a creditor or otherwise in a question to be decided by the court, the judge shall not act as judge. Amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 20, eff. Feb. 1, 2011; 2023, No. 161 (Adj. Sess.), § 2, eff. June 6, 2024.

4 V.S.A. § 356 Authority of judge after end of term

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.

4 V.S.A. § 357 Registers of Probate

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.

4 V.S.A. § 362 Oaths

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

4 V.S.A. § 363 Powers

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.

4 V.S.A. § 364 Commitment to enforce orders

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.

4 V.S.A. § 369 Nonresident’s estate; notice to Commissioner of Taxes; information to banks

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.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/04/007Fetched: 10/21/2026