As amended through November 4, 2024
Rule 81 - Applicability of Rules(a) Applicability. These rules do not alter the practice prescribed by the statutes for commencing and conducting the following proceedings in the probate courts: (1) Proceedings under the Uniform Gift to Minors Act - 14 V.S.A. § 3201 et seq. (2) Proceedings related to birth, death or marriage records under 18 V.S.A. §§ 5075-5077, 5150, 5202a. (3) Proceedings for orders relating to marriage under 18 V.S.A. § 5136 et seq. (4) Proceedings relating to cemeteries under 18 V.S.A. §§ 5531, 5576. (5) Proceedings for the sale of a homestead under 27 V.S.A. § 143. (b) Terminology in statutes. A probate proceeding under these rules is appropriate regardless of any statutory terminology. In applying these rules to any proceeding to which they are applicable, the terminology of any statute which is also applicable, where inconsistent with that in these rules or inappropriate under these rules, shall be taken to mean the device or procedure proper under these rules. (c) When procedure is not specifically prescribed. When no procedure is specifically prescribed, the court shall proceed in any lawful manner not inconsistent with the Constitution of the State of Vermont, these rules, or any applicable statutes. (d) Experimental procedures. With due regard for the rights of parties, the Supreme Court may establish for experimental purposes in one or more probate courts temporary procedures which differ from or supplement procedures specified by these rules. The procedures shall be established by administrative order which shall specify which rules are superseded during the experiment. The procedures applicable to adoption of amendments or additions to these rules shall apply to the administrative order. Amended Nov. 5, 1987, eff. 3/1/1988.