General Requirements

V.S.A. tit. 18, ch. 107, subch. 1

in effect

18 V.S.A. § 5200 Definitions

5200. Definitions As used in this chapter: (1) “Cemetery” has the same meaning as in section 5302 of this title. (2) “Cremation” has the same meaning as in section 5302 of this title. (3) “Disposition facility” has the same meaning as in section 5302 of this title. (4) “Licensed health care professional” means a physician, a physician assistant, a naturopathic physician, or an advanced practice registered nurse. (5) “Natural organic reduction” has the same meaning as in section 5302 of this title. Added 2021, No. 169 (Adj. Sess.), § 1, eff. Jan. 1, 2023; amended 2025, No. 20, § 8, eff. May 13, 2025.

18 V.S.A. § 5201 Permits; removal of bodies; waiting period; investigation into circumstances of death

5201. Permits; removal of bodies; waiting period; investigation into circumstances of death (a) A dead body shall not be buried, entombed, or removed, or otherwise disposed of without a burial-transit permit issued and signed by a municipal clerk, a county clerk, or a deputy clerk for the municipality or unorganized town or gore in which the dead body is located; a funeral director licensed in Vermont; an owner or designated manager of a licensed disposition facility in Vermont who is registered to perform removals; or a law enforcement officer. (1) The clerk of the municipality shall provide for issuing burial-transit permits when the clerks’ offices are closed. The municipal clerk shall appoint one or more deputies for this purpose and record the name of the deputy or deputies appointed in the municipal records and notify the Commissioner of Health of the names and residences of the deputy or deputies appointed. (2) The county clerk of a county in which an unorganized town or gore is located shall perform the same duties and be subject to the same penalties as a municipal clerk in respect to issuing burial-transit permits and registering deaths that occur in an unorganized town or gore within the county. (3) A funeral director licensed in Vermont or an owner or designated manager of a licensed disposition facility in Vermont who is registered to perform removals may issue a burial-transit permit for any municipality or unorganized town or gore at any time, including during the normal business hours of a municipal clerk. (4) After a burial-transit permit is issued, the person who issued the permit shall forward the death certificate or preliminary report and the record of the burial-transit permit to the clerk of the municipality, or to the clerk of the county, in the case of an unorganized town or gore, where death occurred on the first official working day thereafter. (5) In cases of death by certain communicable diseases as defined by the Commissioner, the municipal or county clerk, a deputy registrar, a funeral director, a crematory owner or manager, or a law enforcement officer shall not issue a burial-transit permit except in accordance with instructions issued by the Commissioner. (6) A body for which a burial-transit permit has been secured, except one for the body of any person whose death occurred as a result of a communicable disease, as defined by the Commissioner, may be taken through or into another municipality or unorganized town or gore for funeral services without additional permits from the local health officer or the Commissioner. (b) An operator of a disposition facility shall not cremate or process by means of natural organic reduction or allow the cremation or processing by means of natural organic reduction of a dead human body until the passage of at least 24 hours following the death of the decedent, as indicated on the death certificate, unless, if the decedent died from a virulent, communicable disease, a Department of Health rule or order requires the cremation or natural organic reduction to occur prior to the end of that period. If the Attorney General or a State’s Attorney requests the delay of a cremation or natural organic reduction based upon a reasonable belief that the cause of death might have been due to other than accidental or natural causes, the cremation or natural organic reduction of a dead human body shall be delayed, based upon such request, a sufficient time to permit a civil or criminal investigation into the circumstances that caused or contributed to the death. (c) The person in charge of the body shall not release for cremation or natural organic reduction the body of a person who died in Vermont until the person in charge has received a certificate from the chief, regional, or assistant medical examiner that the medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning it is necessary. Upon request of a funeral director, the person in charge of the body, or the operator of a disposition facility, the Chief Medical Examiner shall issue a disposition certificate after the medical examiner has completed an autopsy. The certificate shall be retained by the disposition facility for a period of three years. The person requesting cremation or natural organic reduction shall pay the Department a fee of $25.00. (d)(1) For all cremations or natural organic reductions requested for the body of a person who died outside Vermont, the operator of a disposition facility shall do the following before conducting the cremation or natural organic reduction: (A) obtain a permit for transit, cremation, or natural organic reduction; and (B) comply with the laws of the state in which the person died, including obtaining a copy of a medical examiner’s permit if one is required. (2) No additional approval from the Vermont medical examiner’s office is required if compliance with the laws of the state in which the person died is achieved. Amended 1959, No. 329, § 27, eff. March 1, 1961; 1963, No. 102, § 1, eff. May 22, 1963; 1969, No. 265, § 9; 1979, No. 142 (Adj. Sess.), § 16; 1997, No. 40, § 22a; 1999, No. 45, § 3; 2007, No. 56, § 5; 1999, No. 76, § 15; 2009, No. 151 (Adj. Sess.), § 5, eff. June 1, 2010; 2021, No. 169 (Adj. Sess.), § 2, eff. Jan. 1, 2023.

18 V.S.A. § 5202 Report of death; death certificate; duties of licensed health care professional

5202. Report of death; death certificate; duties of licensed health care professional (a)(1) Within 24 hours after a death, the licensed health care professional who last attended a deceased person shall submit the medical portion of a report of death in a manner prescribed by the State Registrar. If the licensed health care professional who attended the death is unable to state the cause of death, he or she shall immediately notify the licensed health care professional, if any, who was in charge of the patient’s care, and he or she shall fulfill this requirement. (2) If neither health care professional is able to state the cause of death, the provisions of section 5205 of this title apply. (3) The licensed health care professional may delegate to the funeral director or the person in charge of the body, with that individual’s consent, the responsibility of completing the nonmedical portion of the report of death. (4) The State Registrar shall furnish the agency responsible for veterans’ affairs information as to the deceased’s status as a veteran. (5) The State Registrar shall register the report of death in the Statewide Registration System upon receipt of the required information. The portion of the report of death that is not confidential under section 5014 of this title is the death certificate. (b) When a death certificate is not available prior to burial or transportation of a body, any licensed health care professional who has access to the facts and can certify that the death is not subject to the provisions of section 5205 of this title may complete and sign a preliminary report of death on a form prescribed by the State Registrar. The health care professional may delegate completion of the nonmedical facts to any funeral director or person in charge of the body with access to the nonmedical facts, with that individual’s consent. A person authorized to issue a burial-transit permit shall accept a properly completed preliminary report and issue a burial-transit permit. The preliminary report may be destroyed six months after the death certificate has been registered. This subsection does not relieve a licensed health care professional from his or her responsibilities under subsection (a) of this section. Amended 1959, No. 329 (Adj. Sess.), § 27, eff. March 1, 1961; 1963, No. 102, § 2, eff. May 22, 1963; 1969, No. 265 (Adj. Sess.), § 10; 1979, No. 142 (Adj. Sess.), § 26; 1997, No. 40, § 22b; 2009, No. 151 (Adj. Sess.), § 6, eff. Jan. 1, 2012; 2017, No. 46, § 47, eff. July 1, 2019.

18 V.S.A. § 5202a Correction, completion, or amendment of death certificate

5202a. Correction, completion, or amendment of death certificate (a) Corrections; completions. Within six months after the date of death, the State Registrar may correct or complete a death certificate upon application by the certifying licensed health care professional, medical examiner, hospital, nursing home, or funeral director, if the application and relevant evidence, if any, show that the correction or completion is warranted. (b) Amendments. After six months from the date of death, any alteration of a death certificate shall be deemed an amendment. Upon application by a person specified in subsection (a) of this section, the State Registrar may amend the death certificate if the application and relevant evidence, if any, show that the amendment is warranted. (c) Appeal. If the State Registrar denies an application for a correction, completion, or amendment under this section, the applicant may petition the Probate Division of the Superior Court, which shall review the application and relevant evidence de novo to determine if the requested action is warranted. The court shall transmit a decree ordering a correction, completion, or amendment to the State Registrar, who shall take action in accordance with the decree. (d) Documentation of changes. The State Registrar shall make corrections, completions, and amendments in the Statewide Registration System. A corrected or completed certificate issued from the System shall be free of any evidence of the alteration and shall not be marked “Amended.” Any amended death certificate issued from the System shall indicate the word “Amended” and the date of amendment. The State Registrar shall enter into and maintain in the System the identity of the person requesting the correction, completion, or amendment, the nature and content of the change, the identity of the person making the change in the System, and the date the change was made. (e) [Repealed.] (f) Cause of death. The State Registrar shall only correct, complete, or amend the medical certification of the cause of death upon application by the medical examiner or certifying licensed health care professional. Added 1979, No. 142 (Adj. Sess.), § 25; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 46, § 52, eff. July 1, 2018; 2018, No. 11 (Sp. Sess.), § I.9, eff. July 1, 2019; 2021, No. 15, § 4.

18 V.S.A. § 5205 Death certificate when no attending physician and in other circumstances; autopsy

5205. Death certificate when no attending physician and in other circumstances; autopsy (a) When a person dies from violence, or suddenly when in apparent good health or when unattended by a physician or a recognized practitioner of a well-established church, or by casualty, or by suicide or as a result of injury or when in jail or prison, or any psychiatric hospital, or in any unusual, unnatural, or suspicious manner, or in circumstances involving a hazard to public health, welfare, or safety, the head of the household, the jailer, or the superintendent of a psychiatric hospital where such death occurred, or the next of kin, or the person discovering the body or any doctor notified of the death, shall immediately notify the medical examiner who resides nearest the town where the death occurred and immediately upon being notified, such medical examiner shall notify the State’s Attorney of the county in which the death occurred. The State’s Attorney shall thereafter be in charge of the body and shall issue such instructions covering the care or removal of the body as he or she shall deem appropriate until he or she releases same. (b) The medical examiner and a designated law enforcement officer shall thereupon together immediately make a proper preliminary investigation. (c) Unless the cause and manner of death is uncertain, such medical examiner shall complete and sign a certificate of death. The medical examiner and the designated law enforcement officer shall each submit a report of investigation to the State’s Attorney and the Chief Medical Examiner. If, however, the cause or circumstances of death are uncertain, he or she shall immediately so advise the State’s Attorney of the county where the death occurred and notify the Chief Medical Examiner. (d) The State’s Attorney of each county, with the advice of the Commissioner of Public Safety or his or her designee, the sheriff, and the Chief of Police of any established Police Department, shall prepare a list of law enforcement officers in his or her county qualified to make an investigation and report. This list shall be made available to the medical officers concerned and such other persons as the State’s Attorney deems proper. (e) If an undertaker or embalmer shall, in the course of his or her employment, find evidence of physical violence on the body or evidence of an unlawful act sufficient to indicate to such a person that death might have been the result of an unlawful act, he or she shall immediately notify the State’s Attorney of the county where the body is then located and shall proceed no further with the preparation and embalming process of such body until permitted to do so by the State’s Attorney. (f) The State’s Attorney or Chief Medical Examiner, if either deem it necessary and in the interest of public health, welfare, and safety, or in furtherance of the administration of the law, may order an autopsy to be performed by the Chief Medical Examiner or under the Chief Medical Examiner’s direction. Upon completion of the autopsy, the Chief Medical Examiner shall submit a report to such State’s Attorney and the Attorney General and shall submit a report of death to the State Registrar. Upon the written request of a federal prosecutor or a prosecutor in another state, the Chief Medical Examiner shall submit a report of a death to the requesting office. (g) When a person who is committed to the custody of the Department of Corrections or who is under the supervision of the Department of Corrections dies, the Commissioner of Corrections may request to be provided with a copy of any and all reports generated pursuant to subsection (f) of this section. No such request shall be granted where the medical examiner is unable to determine a manner of death or the manner of death is classified as a homicide. In other circumstances, the request shall be granted in the discretion of the Medical Examiner for good cause shown. Reports disclosed pursuant to this subsection shall remain confidential as required by law and shall not be considered to be a public record pursuant to 1 V.S.A. § 317. Amended 1967, No. 254 (Adj. Sess.), §§ 1-3, eff. Feb. 20, 1968; 1969, No. 128, § 2; 1969, No. 265 (Adj. Sess.), § 12; 1971, No. 33, § 7; 1991, No. 191 (Adj. Sess.), § 1, eff. May 19, 1992; 2003, No. 128 (Adj. Sess.), § 2, eff. May 24, 2004; 2003, No. 157 (Adj. Sess.), § 13; 2013, No. 96 (Adj. Sess.), § 99; 2017, No. 46, § 50, eff. July 1, 2019; 2021, No. 115 (Adj. Sess.), § 11, eff. July 1, 2022.

18 V.S.A. § 5206 Penalty for failure to submit report of death

5206. Penalty for failure to submit report of death A licensed health care professional who fails to cause the medical portion of a report of death to be submitted within 24 hours after the death of a person, containing a true statement of the cause of such death, so far as these facts are obtainable, shall be fined not more than $100.00. Amended 1963, No. 102, § 3, eff. May 22, 1963; 1969, No. 265 (Adj. Sess.), § 13; 2017, No. 46, § 51, eff. July 1, 2019.

18 V.S.A. § 5207 Certificate furnished family; burial-transit permit

5207. Certificate furnished family; burial-transit permit Within 24 hours after death, the death certificate shall be made available upon request to the family of the deceased, if any, or the undertaker or person who has charge of the body. The certificate shall be filed with the person issuing the burial-transit permit obtained by the person who has charge of the body before permanent disposition or removal from the town. When the death certificate is so filed, the officer or person shall immediately issue a burial-transit permit under legal restrictions and safeguards. Amended 2017, No. 46, § 53, eff. July 1, 2019; 2021, No. 169 (Adj. Sess.), § 3, eff. Jan. 1, 2023.

18 V.S.A. § 5209 Death out of State; burial permit

5209. Death out of State; burial permit Whenever a dead body is brought into this State for burial or entombment accompanied by a removal permit issued under the laws of the state from which such body is brought, such permit shall be received as sufficient authority for burial; but if not accompanied by such permit, the person in charge thereof shall apply to the clerk of the town in which such body is to be buried for a burial permit, and the clerk shall issue such permit when furnished with such information as is required by law of this State as to the identity and cause of death of a person dying in this State.

18 V.S.A. § 5210 Form of burial or removal permit

5210. Form of burial or removal permit If it is desired to bury, entomb, or otherwise dispose of a dead body within the limits of a town where the death occurred, the certificate of permission shall state plainly the time, place, and manner of such burial, entombment, or disposition. If it is desired to remove a dead body from the town where the death occurred, the certificate of permission shall contain the essential facts contained in the certificate of death on which it is issued, shall accompany the body to its destination, and may be accepted as a permit for permanent disposition by a sexton or other person having the care of a cemetery, burial ground, tomb, or receiving vault. Added 1951, No. 170, § 267; amended 2021, No. 169 (Adj. Sess.), § 4, eff. Jan. 1, 2023.

18 V.S.A. § 5211 Unauthorized burial or removal; penalty

5211. Unauthorized burial or removal; penalty A person who buries, entombs, transports, or removes the dead body of a person without a burial-transit permit so to do, or in any other manner or at any other time or place than as specified in such permit, shall be subject to a civil penalty of not more than $1,000.00. Amended 1969, No. 265 (Adj. Sess.), § 14; 2017, No. 46, § 54, eff. July 1, 2019; 2025, No. 30, § 2, eff. July 1, 2025.

18 V.S.A. § 5212 Permit to remove dead bodies

5212. Permit to remove dead bodies (a) A person desirous of disinterring or removing the body of a human being from one cemetery to another cemetery or to another part of the same cemetery or from a tomb or receiving vault elsewhere shall apply to the clerk of the municipality in which the dead body is interred or entombed for a removal permit. (b) An applicant for a removal permit shall publish notice of his or her intent to remove the remains. This notice shall be published for two successive weeks in a newspaper of general circulation in the municipality in which the body is interred or entombed. The notice shall include a statement that the spouse, child, parent, sibling, or descendant of the deceased, or that the cemetery commissioner or other municipal authority responsible for cemeteries in the municipality may object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is located as provided in section 5212a of this title. (c) The municipal clerk shall issue a removal permit 45 days after the date on which notice was last published pursuant to subsection (b) of this section or, if an objection is made pursuant to section 5212a, of this title upon order of the court. (d) Notwithstanding the provisions of subsections (b) and (c) of this section, a removal permit shall be issued upon application: (1) when removal is necessary because of temporary entombment; or (2) to a federal, state, county, or municipal official acting pursuant to official duties; or (3) if the applicant has written permission to remove the remains from all persons entitled to object under section 5212a of this title. (e) This section does not apply to: (1) unmarked burial sites that are subject to the provisions of subchapter 1 of this chapter; and (2) the removal of “historic remains,” which has the same meaning as in subdivision 5217(a)(1) of this subchapter. Amended 1985, No. 206 (Adj. Sess.), § 1, eff. June 2, 1986; 2009, No. 151 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2023, No. 85 (Adj. Sess.), § 55, eff. July 1, 2024.

18 V.S.A. § 5212a Removal; objections

5212a. Removal; objections (a) Unless removal is otherwise authorized by law, a spouse, child, parent, or sibling of the deceased may, within 30 days after the date notice was last published under section 5212 of this title, object to the proposed removal by filing a complaint in the Probate Division of the Superior Court of the district in which the body is interred or entombed. A copy of the complaint shall be filed with the clerk of the town where the body is interred or entombed. (b) The Probate Division of the Superior Court shall, after hearing, issue its order authorizing removal of the body unless: (1) removal would be contrary to the expressed intent of the deceased; (2) removal is objected to by the surviving spouse of the deceased; (3) removal is objected to by an adult son or daughter of the deceased and there is no surviving spouse of the deceased; (4) removal is objected to by a parent of the deceased and there is no surviving spouse or son or daughter of the deceased; or (5) removal is objected to by an adult sibling of the deceased and there is no surviving spouse, son or daughter, or parent of the deceased. Added 1985, No. 206 (Adj. Sess.), § 2, eff. June 2, 1986; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

18 V.S.A. § 5212b Unmarked Burial Sites Special Fund; reporting of unmarked burial sites

5212b. Unmarked Burial Sites Special Fund; reporting of unmarked burial sites (a) The Unmarked Burial Sites Special Fund is established in the State Treasury for the purpose of protecting, preserving, moving, or reinterring human remains discovered in unmarked burial sites. (b) The Fund shall be composed of any monies appropriated to the Fund by the General Assembly or received from any other source, private or public. Interest earned on the Fund, and any balance remaining in the Fund at the end of a fiscal year, shall be retained in the Fund. This Fund shall be maintained by the State Treasurer, and shall be managed in accordance with 32 V.S.A. chapter 7, subchapter 5. (c) The Commissioner of Housing and Community Development may authorize disbursements from the Fund for use in any municipality in which human remains are discovered in unmarked burial sites, in accordance with a process approved by the Commissioner. The Commissioner may approve any process developed through consensus or agreement of the interested parties, including the municipality, a Native American group historically based in Vermont with a connection to the remains, owners of private property on which there are known or likely to be unmarked burial sites, and any other appropriate interested parties, provided the Commissioner determines that the process is likely to be effective, and includes all the following: (1) Methods for determining the presence of unmarked burial sites, including archaeological surveys and assessments and other nonintrusive techniques. (2) Methods for handling development and excavation on property on which it is known that there is or is likely to be one or more unmarked burial sites. (3) Options for owners of property on which human remains in unmarked burial sites are discovered or determined to be located. (4) Procedures for protecting, preserving, or moving unmarked burial sites and human remains, subject, where applicable, to the permit requirement and penalties of this chapter. (5) Procedures for resolving disputes. (d) If unmarked burial sites and human remains are removed, consistent with the process set forth in this section and any permit required by this chapter, there shall be no criminal liability under 13 V.S.A. § 3761. (e) The funds shall be used for the following purposes relating to unmarked burial sites: (1) To monitor excavations. (2) To protect, preserve, move, or reinter unmarked burial sites and human remains. (3) To perform archaeological assessments and archaeological site or field investigations, including radar scanning and any other nonintrusive technology or technique designed to determine the presence of human remains. (4) To provide mediation and other appropriate dispute resolution services. (5) To acquire property or development rights, provided the Commissioner of Housing and Community Development determines that disbursements for this purpose will not unduly burden the Fund, and further provided the Commissioner shall expend funds for this purpose only with the concurrence of the Secretary of Commerce and Community Development and after consultation with the legislative bodies of any affected municipality or municipalities. (6) Any other appropriate purpose determined by the Commissioner to be consistent with the purposes of this Fund. (f) When an unmarked burial site is first discovered, the discovery shall be reported immediately to a law enforcement agency. If, after completion of an investigation pursuant to section 5205 of this title, a law enforcement agency determines that the burial site does not constitute evidence of a crime, the law enforcement agency shall immediately notify the State Archeologist, who may authorize appropriate action regarding the unmarked burial site. Added 2001, No. 149 (Adj. Sess.), § 57, eff. June 27, 2002; amended 2003, No. 63, § 36, eff. June 11, 2003; 2009, No. 135 (Adj. Sess.), § 10; 2009, No. 151 (Adj. Sess.), § 1, eff. June 1, 2010; 2017, No. 74, § 28.

18 V.S.A. § 5213 Removal; form and disposition of permit

5213. Removal; form and disposition of permit Such permit shall state specifically the location of the body’s permanent disposition and the time and manner of its removal. A town clerk issuing such a permit shall make it in duplicate if the body is to be removed from the town, one copy of which shall be delivered to the person having charge of the cemetery or tomb from which the body is to be taken, and the other shall be delivered to the person having charge of the cemetery or tomb where it is desired to place the body. Amended 1979, No. 142 (Adj. Sess.), § 17; 2021, No. 169 (Adj. Sess.), § 5, eff. Jan. 1, 2023; 2023, No. 6, § 161, eff. July 1, 2023.

18 V.S.A. § 5214 Duties of sexton; no burial or removal without permit

5214. Duties of sexton; no burial or removal without permit A sexton or other person having the care of a cemetery, tomb, or receiving vault shall not receive or permit the burial or entombment of a dead body, or the remains of a dead body, in the cemetery or tomb of which he or she has charge, or the removal of a body from the cemetery or tomb, until there is delivered to him or her a certificate of permission issued in accordance with the provisions of this chapter. Amended 2023, No. 6, § 162, eff. July 1, 2023.

18 V.S.A. § 5215 Burial returns

5215. Burial returns A sexton or other person having charge of a cemetery, tomb, or receiving vault, during the first week of each month, shall deliver to the clerk of the town in which such cemetery, tomb, or vault is located the burial-transit and removal permits, properly certified, which he or she received during the preceding month. Amended 1969, No. 265 (Adj. Sess.), § 15.

18 V.S.A. § 5216 Penalty

5216. Penalty A sexton or other person having charge of a cemetery, tomb, or receiving vault who violates a provision of sections 5214 and 5215 of this title shall be fined not more than $500.00 nor less than $20.00.

18 V.S.A. § 5217 Removal of marked historic remains

5217. Removal of marked historic remains (a) As used in this section: (1) “Historic remains” means remains of a human being who has been deceased for 100 years or more, and the remains are marked and located in a publicly known or marked burial ground or cemetery. (2) “Public good” means actions that will benefit the municipality and the property where the remains are located. (3) “Remains” means cremated human remains that are in a container or the bodily remains of a human being. (4) “Removal” means the transporting of human remains from one location to another premises. (b) A person may apply for a removal permit to disinter or remove historic remains by filing an application with the clerk for the municipality in which the historic remains are located. The application shall include all the following: (1) Identification of the specific location and marking of the remains. (2) Identification of the specific location in which the remains will be reburied. (3) The reasons for removal of the remains, including a statement of the public good that will result from the removal. (c) An applicant for a removal permit shall send notice by first-class mail to all the following: (1) The cemetery commissioner or other municipal authority responsible for cemeteries in the municipality in which the historic remains are located. (2) All historical societies located within the municipality in which the historic remains are located. (3) Any descendant known to the applicant. The applicant shall contact the Vermont Historical Society, the Vermont Old Cemetery Association, the Vermont Cemetery Association, and any veterans’ organization operating within the county in which the historic remains are located in order to ascertain the whereabouts of any known descendants. (4) The State Archeologist. (d) A cemetery commissioner or municipal authority responsible for cemeteries, a historical society, a descendant, or the State Archeologist may file an objection to the proposed removal of historic remains with the Probate Court in the district in which the historic remains are located and with the clerks of the municipality in which the historic remains are located within 30 days after the date the notice was mailed. (e) If no objection is received within 30 days after the date the notice was last published as required by subsection (c) of this section, the municipal clerk shall issue a removal permit. (f) If the Probate Court receives an objection within the 30-day period, the court shall notify the clerk for the municipality in which the historic remains are located and schedule a hearing on whether to allow removal as described in the application. (g) The Probate Court, after hearing, shall order the municipal clerk to grant or deny a permit for removal of the historic remains. The court shall consider the impact of the removal on the public good. (h) The permit shall require that all remains, markers, and relevant funeral-related materials associated with the burial site be removed, and the permit may require that the removal be conducted or supervised by a qualified professional archeologist in compliance with standard archeological process. All costs associated with the removal shall be paid by the applicant. Added 2009, No. 151 (Adj. Sess.), § 4, eff. June 1, 2010; amended 2017, No. 113 (Adj. Sess.), § 93.

18 V.S.A. § 5218 Determination of death

5218. Determination of death An individual who has sustained either irreversible cessation of all functions of the entire brain, including the brain stem, or irreversible cessation of circulatory and respiratory functions is dead. A determination of death must be in accordance with accepted medical standards. Added 1981, No. 62, eff. April 30, 1981.

18 V.S.A. § 5219 Persons missing and presumed dead; issuance of presumptive death certificate

5219. Persons missing and presumed dead; issuance of presumptive death certificate (a) On application of a spouse, parent, child, or other near relative, the Probate Division of the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presumed death of a person who was a resident of the probate district and who has been absent for a continuous period of five years during which, after diligent search, the person has not been heard of or from or seen and whose absence has not been satisfactorily explained. (b) On application of a spouse, parent, child, or other near relative, the Superior Court may direct the Chief Medical Examiner to complete and sign a certificate of presumed death of a person who has been exposed to a specific peril of death and after diligent search, has not been heard of or from or seen. Added 1989, No. 236 (Adj. Sess.), § 1, eff. June 4, 1990; amended 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/18/107Fetched: 10/21/2026