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2025 Vermont Statutes
Title 4 - Judiciary
Chapter 1 - Supreme Court
§ 35. Jurisdiction; Probate Division

Universal Citation:
4 VT Stats § 35
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
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§ 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 V.S.A. 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 V.S.A. 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 V.S.A. chapter 217;

(25) grandparent visitation proceedings under 15 V.S.A. 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 V.S.A. 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.)

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