Rules of Probate Procedure

Rule 60.1.  Closing a Probate Proceeding; Reopening

Vermont Rules of Probate, Rule 66

(a)  Closing a proceeding.  A probate proceeding shall be considered open unless closed in accordance with this rule. A probate proceeding is closed when: 

(1) The executor or administrator, guardian or trustee has paid and delivered over to the persons entitled the money or other property as required by the final decree of the court; 

(2) The executor or administrator, guardian or trustee has submitted a verified report to the court with such proof as the court may require of the payment and delivery as specified in the decree; and 

(3) The court has approved the report and ordered it to be filed. Unless the court orders otherwise, the report must be filed within one year after the final decree. 

(b)  Effect of closing.  Except as provided in Rule 60, no action may be taken on a closed proceeding without reopening it pursuant to subdivision (c). Notice of a motion under Rule 60 made after closing of a proceeding shall be given as if the proceeding remained open except that the court may order such additional service of the motion and the notice of any hearing on it as is necessary to inform all persons interested in the motion of its pendency and the opportunity to be heard on it. 

(c)  Reopening a proceeding.  On motion of a party, or a person claiming an interest in the proceeding, or on its own initiative, the court may order that a proceeding be reopened for purposes of modifying or enforcing a decree or for other action of the court. The issuance of an order granting relief pursuant to Rule 60 shall be grounds for granting a motion under this subdivision. As part of the order reopening the proceeding, the court may reappoint the former executor or administrator, guardian or trustee and require that a bond be filed. Notice of the reopening, any proposed action of the court and the time and date of hearing shall be served pursuant to Rule 4 on all persons whose interests could be affected by the action of the court. Notice shall be given by the register unless otherwise ordered by the court. If a proceeding is reopened, it may be closed only in accordance with subdivision (a). 

Amended Nov. 5, 1987, eff. March 1, 1988; Dec. 8, 1988, eff. March 1, 1989.

Vermont Judiciary

last edited: March 15, 2004
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