Vt. Sup. Ct. Promulgation Order of Feb. 3, 2025: AO24Amendment

Amendment to Supreme Court

Administrative Order No. 24 February Term, 2025

ADVISORY COMMITTEE ON THE RULES OF PROBATE PROCEDURE

Pursuant to Chapter II, §§ 30 and 37 of the Vermont Constitution, it is hereby ordered that

§ 1 of Administrative Order No. 24 is amended as follows (new matter underlined, deleted

matter overstruck):

§ 1. An Advisory Committee on the Rules of Probate Procedure of eleven twelve voting

members is established consisting of three Probate Judges, a trust officer, the chair of the

Vermont Bar Association (VBA) corresponding standing committee (to the extent that one

exists), a superior court clerk, and six other members to be appointed by the Supreme Court.

Initial appointments shall be for staggered terms—four members for three years, three

members for two years and two members for one year. Thereafter appointment shall be for a

three-year term. All members, except the VBA representative, may serve a maximum of three

consecutive terms or parts thereof. Whenever a member resigns or the office is otherwise

vacant, the Supreme Court shall appoint a successor to fill the unexpired term. The chair shall

be designated by the Supreme Court.

§ 2. Compensation and Expenses. In the performance of their Committee duties, each

Member is eligible to receive per diem compensation and be reimbursed for reasonable and

necessary expenses equivalent to that provided by law for comparable boards and

commissions. A request for compensation and reimbursement of expenses must be made on a

Court-approved voucher and be submitted to the Court Administrator.

§ 3. The Committee shall continually review the operation and effectiveness of the Vermont

Rules of Probate Procedure and shall recommend to the Supreme Court amendment to those

rules or other appropriate actions which it finds advisable.

§ 4. The Committee shall meet at least once a year and shall report to the Supreme Court

annually on or before the first Tuesday of October and at other times which the Committee

finds advisable.

§ 5. Pursuant to Supreme Court Administrative Order No. 11, the Committee shall give proper

public notice and opportunity to comment relative to any report of proposal of, or amendment to,

any rule. Any individual having proposals for amendment of the Vermont Rules of Probate

Procedure or any other proposals for change by statute, rule, or otherwise in Vermont probate

procedure is requested to forward them, in writing, to the Court Administrator, or to the chairman

or a member of the Advisory Committee for consideration.

§ 6. The Court may promulgate amended or new official forms recommended by the

Committee, or a subcommittee thereof authorized by the Committee, without a hearing

pursuant to Administrative Order No. 11, § 8, and without submission to the joint committee

on judicial rules of the General Assembly pursuant to 12 V.S.A. § 3(e).

Reporter’s Notes—2025 Amendment

Administrative Order 24, § 1 is amended to add a superior court clerk

to the committee, increasing the overall size of the committee from

eleven to twelve members. The addition of a superior court clerk to the

committee will provide helpful insight to the committee on court

processes across divisions.

These amendments shall become effective immediately.

Done in Chambers at Montpelier, Vermont, this 3rd day of February, 2025.

____________________________________

Paul L. Reiber, Chief Justice

_____________________________________

Harold E. Eaton, Jr., Associate Justice

_____________________________________

Karen R. Carroll, Associate Justice

_____________________________________

Signed by the Vermont Supreme Court

William D. Cohen, Associate Justice

_____________________________________

Nancy J. Waples, Associate Justice