Rule 17 - Parties Generally(a) Parties at commencement. At the commencement of a probate proceeding all interested persons shall be considered parties and shall be served with notice pursuant to Rule 4. (1)Decedent's estates. (A) At the commencement of a probate proceeding involving a decedent's estate, the term "interested person" includes heirs, devisees, legatees, children, spouses, and such other persons as the court directs. The term "interested person" also includes the trustees of any trusts to which assets of the decedent's estate may be distributed. Notice to a trustee shall be sufficient to notify the trust's beneficiaries. It also includes persons having priority for appointment as executor or administrator, and other fiduciaries representing interested persons. (B) The court, on motion, may order that an interested person need not be served with notice pursuant to Rule 4: (i) if after due diligence the interested party cannot be located; or(ii) for other good cause shown if the court finds that not providing such notice serves the interests of justice and the efficient administration of the estate.(2)Trusts. At the commencement of a probate proceeding involving a trust to which the Vermont Trust Code, 14A V.S.A. §§ 101-1204, applies, the term "interested person" includes the following persons, unless on motion of the petitioner the court finds that, under applicable provisions of the Vermont Trust Code or the trust agreement, particular individuals or classes of individuals are not persons to whom notice must be given: (i) all beneficiaries, as defined in 14A V.S.A. § 103(3), provided that a beneficiary represented by another person pursuant to 14A V.S.A. §§ 301-305 is not an interested person unless otherwise ordered by the court; (ii) any fiduciary currently acting for the trust, or proposed to be appointed or approved by the court, including a trustee, a trust protector or trust advisor as defined in 14A V.S.A. § 1101, a prior fiduciary whose action or inaction is in issue, and any other party found by the court to be acting in a fiduciary capacity; (iii) any settlor of the trust if living, provided that a settlor represented by another person pursuant to 14A V.S.A. §§ 301-305 is not an interested person unless otherwise ordered by the court; and(iv) any person who represents another person as provided in 14A V.S.A. §§ 301-305. (3) Involuntary guardianships for adults. At the commencement of a probate proceeding seeking involuntary appointment of a guardian for an adult under 14 V.S.A. §§ 3060-3081, the term "interested person" incudes: (i) the person in need of guardianship;(ii) the spouse, parents, and adult children of the person in need of guardianship; (iii) the individual named as agent in an advance directive for health care under 18 V.S.A., ch. 231, or a similar instrument under the law of another state or jurisdiction, executed by the person in need of guardianship; (iv) the individual named as agent under a general power of attorney under 14 V.S.A., ch. 123, or a similar instrument under the law of another state or jurisdiction, executed by the person in need of guardianship; and (v) such other persons as the court directs. (4)Guardianships of minors. At the commencement of a probate proceeding seeking to appoint a guardian, or modify or terminate a guardianship, for a minor, the term "interested person" shall include, as appropriate, the proposed ward, or the child, if over 14 years of age; the permanent guardian or any person alleged to have had the principal care and custody of the ward during the 30 days preceding the filing of the petition; the commissioner for children and families; and any living parent.(5) Voluntary guardianships of adults. At the commencement of a probate proceeding seeking voluntary appointment of a guardian for an adult, the term "interested person" includes such persons as the court directs.(6)Generally. In any proceeding, the term "interested person" also includes any person who is required by law or by the court to be notified of the commencement of a proceeding. It does not include a creditor of the proposed ward or of the person alleged to be in need of guardianship and does not include a creditor of the decedent or decedent's estate unless the creditor is the petitioner. (b) Parties after commencement. At all further stages of a probate proceeding, the parties shall be: (1) Interested persons who have entered an appearance; (2) Persons upon whom service must be made pursuant to Rule 5(a); (3) Persons who have intervened pursuant to Rule 24; (4) Persons who are made parties pursuant to law. A representative as defined in Rule 18 may be made a party if the person represented is or would be a party under this rule. A person substituted for a party under Rule 25 shall be a party. Any person who is a party as a recipient of notice under Rule 5.1 shall be a party only with respect to the petition, paper, notice or motion of which notice is given.
(c) Cessation of party status. Parties who have received all of the devise, legacy or interest to which they are entitled shall cease to be deemed parties. The executor, administrator, guardian or trustee shall submit to the court proof of such payment and delivery. Amended May 14, 1986, eff. 7/1/1986; 11/5/1987, eff. 3/1/1988; 1/20/1992, eff. 3/2/1992; 11/22/2011, eff. 1/23/2012; 2011, No. 144 (Adj. Sess.), § 2, eff. 5/15/2012; 7/10/2012, eff. 7/10/2012; 6/11/2014, eff. 8/11/2014.