Pursuant to Chapter II, §§ 30 and 37, of the Vermont Constitution, the
Supreme Court issues the following order effective July 1, 1988:
§ 1. An Advisory Committee on the Rules of
Probate Procedure of eleven members is established consisting of three Probate
Court Judges, a trust officer, the chair of the Vermont Bar Association
corresponding standing committee (to the extent that one exists), 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.
No member shall serve for more than 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. The members of the Committee shall be reimbursed for reasonable and necessary expenses related to the performance of their duties and nonstate employees shall receive per diem compensation equivalent to that provided by law for comparable boards and commissions. The Commissioner of Finance and Management shall pay from the judicial appropriation all expenses of the Committee when claims are submitted on proper vouchers approved by 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). Adopted Jan. 29, 1985, eff. Feb. 1, 1985; amended June 30, 1988, eff. July 1, 1988; Jan. 27, 2000, eff. May 1, 2000; Nov. 20, 2001, eff. March 1, 2002.