Vermont Statutes Title 4 Sec. 35
Terms Used In Vermont Statutes Title 4 Sec. 35
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probate: Proving a will
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
§ 35. Jurisdiction; Probate Division
The Probate Division shall have jurisdiction of:
(1) the probate of wills;
(2) the settlement of estates;
(3) the administration of trusts pursuant to Title 14A;
(4) trusts of absent persons’ estates;
(5) charitable, cemetery, and philanthropic trusts;
(6) the appointment of guardians, and of the powers, duties, and rights of guardians and wards;
(7) proceedings concerning 18 Vt. Stat. Ann. chapter 231;
(8) accountings of attorneys-in-fact where no guardian has been appointed and the agent has reason to believe the principal is incompetent;
(9) adoptions and relinquishment for adoption;
(10) uniform gifts to minors;
(11) changes of name;
(12) issuance of new birth certificates and amendment of birth certificates;
(13) correction or amendment of civil marriage certificates and death certificates;
(14) emergency waiver of premarital medical certificates;
(15) proceedings relating to cemetery lots;
(16) trusts relating to community mausoleums or columbaria;
(17) civil actions brought under 18 Vt. Stat. Ann. chapter 107, subchapter 3, relating to disposition of remains;
(18) proceedings relating to the conveyance of a homestead interest of a spouse under a legal disability;
(19) the issuance of declaratory judgments;
(20) issuance of certificates of public good authorizing the civil marriage of persons under 16 years of age;
(21) appointment of administrators to discharge mortgages held by deceased mortgagees;
(22) appointment of trustees for persons confined under sentences of imprisonment;
(23) fixation of compensation and expenses of boards of arbitrators of death taxes of Vermont domiciliaries;
(24) emancipation of minors proceedings filed pursuant to 12 Vt. Stat. Ann. chapter 217;
(25) grandparent visitation proceedings under 15 Vt. Stat. Ann. chapter 18;
(26) other matters as provided by law; and
(27) concurrent with the Family Division, special immigration judicial determinations regarding the custody and care of children within the meaning of the federal Immigration and Nationality Act (8 U.S.C. § 1101(a)(27)(J) and 8 C.F.R. § 204.11) issued pursuant to 14 Vt. Stat. Ann. chapter 111, subchapter 14. (Added 2009, No. 154 (Adj. Sess.), § 7f, eff. Feb. 1, 2011; amended 2019, No. 167 (Adj. Sess.), § 28, eff. Oct. 7, 2020.)