Vt. Sup. Ct. Promulgation Order of Oct. 6, 2025: Emergency Amendment VRPP80.3

STATE OF VERMONT

VERMONT SUPREME COURT

OCTOBER TERM, 2025

Order Promulgating Emergency Amendment to Rule 80.3(g)

of the Vermont Rules of Probate Procedure

Pursuant to the Vermont Constitution, Chapter II, § 37, and 12 V.S.A. § 1, it is hereby ordered:

1. That Rule 80.3(g) of the Vermont Rules of Probate Procedure be amended to read as follows

(deleted matter struck through; new matter underlined):

RULE 80.3. SMALL ESTATES

(g) Affidavit Procedure. In lieu of filing the petition required in (a)(1), when an estate consists

solely of one or more assets that may pass in accordance with the terms of the will, if any, or the

law of descent and survivor’s rights, an interested person, upon paying the entry fee for a small

estate, may file an affidavit accompanied by a death certificate and the will, if any, and attesting

to the matters set forth in (a)(4)(5) and (5)(6) and that notice has been given to, or consent

obtained from, any other interested persons. If the court finds that the facts attested to are

determined to its satisfaction, the court may order the asset or assets distributed in accordance

with the terms of the will, if any, or the laws of descent and survivor’s rights.

Reporter’s Notes—2026 Amendment

Rule 80.3(g) is amended to correct cross references from

paragraphs (a)(4) and (5) to (a)(5) and (6).

2. That this rule is prescribed and promulgated effective January 1, 2026. The Reporter’s

Notes are advisory.

3. That the Court finds that this emergency amendment must be promulgated without resort to

the notice and comment procedures set forth in Administrative Order No. 11, to properly update

the cross references in the rule and alleviate any confusion.

4. That the Court Administrator is directed to send this rule as amended out for comment

pursuant to Administrative Order No. 11, with comments to be made to the Advisory Committee

on the Rules of Probate Procedure. The Advisory Committee is directed to review any comments

received and advise the Court whether the amendment should be revised or be made permanent.

Comments on this emergency amendment should be sent by December 6, 2025, to Hon. Kathryn Kennedy, Chair of the Advisory

Committee on Rules of Probate Procedure, at the following address:

Hon. Kathryn A.C. Kennedy

Kathryn.Kennedy@vtcourts.gov

5. That the Chief Justice is authorized to report this rule to the General Assembly in accordance

with the provisions of 12 V.S.A. § 1, as amended.

Dated in Chambers at Montpelier, Vermont, this 6th day of October, 2025.

____________________________________

Paul L. Reiber, Chief Justice

_____________________________________

Harold E. Eaton, Jr., Associate Justice

_____________________________________

Signed by the Vermont Supreme Court

William D. Cohen, Associate Justice

_____________________________________

Nancy J. Waples, Associate Justice

Comments on this emergency amendment should be sent by December 6, 2025, to Hon. Kathryn Kennedy, Chair of the Advisory

Committee on Rules of Probate Procedure, at the following address:

Hon. Kathryn A.C. Kennedy

Kathryn.Kennedy@vtcourts.gov