Venue generally
Effective Jul 1, 2019(Added 1985, No. 144 (Adj. Sess.), § 3; amended 2005, No. 55, § 4, eff. Sept. 1, 2005; 2007, No. 56, § 3; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 20, § 4; 2009, No. 92 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 18A, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 13; 2013, No. 131 (Adj. Sess.), § 100; 2017, No. 46, § 56, eff. July 1, 2019.)
For proceedings authorized to the Probate Division of Superior Court, venue shall lie as provided in Title 14A for the administration of trusts, and otherwise in a probate district as follows:
- (1) Decedent’s estate for a resident of this State: in the district where the decedent resided at the time of death.
- (2) Decedent’s estate for a nonresident of this State: in any district where estate of the decedent is situated.
(3) Appointment of a conservator for the estate of an absent person:
- (A) in the district of the absent person’s last legal domicile; or
- (B) if a nonresident of this State, in any district where estate of the absent person is situated.
- (4) [Repealed.]
(5) Appointment of a trustee for the estate of an absent person:
- (A) in the district of the absent person’s last legal domicile; or
- (B) if the absent person has no domicile in this State, in any district where property of the absent person is situated; or
- (C) in any district of residence of a fiduciary or representative of an estate having possession and control of property the absent person received by virtue of a legacy or as an heir of an estate.
(6) Cemetery trusts:
- (A) in the district where the trustee resides; or
- (B) in the district where the creation of the trust is recorded.
- (7) Appointment of a guardian of a person resident in this State: in the district where the person under guardianship resides at the time of appointment, except when the guardian is appointed for a minor who is interested in a decedent’s estate as an heir, devisee, or legatee or representative of either, in the district where the decedent’s estate is being probated.
- (8) Appointment of a guardian for a nonresident minor: in the district where the minor owns or has an interest in real estate.
(9) Termination or modification of a guardianship or change of a guardian:
- (A) in the district of the appointing court; or
- (B) in the district where the person under guardianship resides.
- (10) [Repealed.]
(11) Estate of a nonresident charitable or philanthropic testamentary trust:
- (A) in any district where the legacy or gift is to be paid or distributed; or
- (B) in any district where the beneficiary or beneficiaries reside or are located.
- (12) Appointment of a guardian as to the estate of a nonresident subject to guardianship in this State or under guardianship in another state: in any district where the estate of the nonresident under guardianship or person who may need a guardian is situated.
(13) Change of residential placement for a person under total or limited guardianship:
- (A) in the district of the appointing court; or
- (B) in the district where the person under guardianship resides.
- (14) Petition to determine title to property in the name of a person deceased seven or more years without probate of a decedent estate: in the district where the property is situated.
(15) Uniform gifts to minors:
- (A) petition to expend custodial property for a minor’s support, education, or maintenance: in the district where the minor resides;
- (B) petition for permission to resign or for designation of a successor custodian: in the district where the minor resides.
(16) Relinquishment for adoption:
- (A) in the district where a written relinquishment is executed; or
- (B) in the district where a licensed child-placing agency to which written relinquishment is made has its principal office.
(17) Adoption:
- (A) if the adopting person or persons are residents of this State, in the district where they reside;
- (B) if the adopting person or persons are nonresidents, in a court of competent jurisdiction where they reside; or
- (C) if the prospective adoptee is a minor who has been relinquished or committed to the Department for Children and Families or a licensed child-placing agency, in the district where the Department or agency is located or has its principal office.
- (18) Change of name: in the district where the person resides.
- (19) Appeal from a denial by the State Registrar of Vital Records of a request for a new, corrected, amended, or delayed birth certificate: in the district where the birth occurred or allegedly occurred.
- (20) Correction or amendment of a civil marriage or civil union certificate or issuance of delayed certificate: in the district where the marriage or civil union license was issued or allegedly issued.
- (21) Appeal from a denial by the State Registrar of Vital Records of a request for a corrected or amended death certificate: in the district where the death occurred or, if the place of death is unknown, where the body was found.
- (22) Emergency waiver of premarital medical certificate: in the district where application is made for the civil marriage license.
- (23) Proceedings relating to cemetery lots: in the district where the cemetery lot is located.
- (24) Trusts relating to community mausoleums or columbariums: in the district where the community mausoleum or columbarium is located.
- (25) Petition for license to convey homestead interest of a spouse who lacks capacity to protect his or her interests due to a psychiatric disability: in the district where the homestead is situated.
(26) Declaratory judgments (unless otherwise provided in Title 14A for proceedings relating to the administration of trusts):
- (A) if any related proceeding is then pending in any Probate Division of the Superior Court, in that district; or
(B) if no proceeding is pending:
- (i) in the district where the petitioner resides; or
- (ii) if a decedent’s estate, a guardian or person under guardianship, or trust governed by Title 14 is the subject of the proceeding, in any district where venue lies for a proceeding thereon.
- (27) [Repealed.]
- (28) Appointment of a trustee for a person confined under a sentence of imprisonment: in the district or unit in which the person resided at the time of sentence or in the district or unit in which the sentence was imposed.
- (29) Proceedings concerning 18 V.S.A. chapter 231: in the district where the principal resides or in the district where the principal is a patient admitted to a health care facility.
- (30) Proceedings under 18 V.S.A. chapter 107, subchapter 3: in the district where the decedent resided at the time of death or where the remains are currently located.
(Added 1985, No. 144 (Adj. Sess.), § 3; amended 2005, No. 55, § 4, eff. Sept. 1, 2005; 2007, No. 56, § 3; 2009, No. 3, § 12a, eff. Sept. 1, 2009; 2009, No. 20, § 4; 2009, No. 92 (Adj. Sess.), § 3; 2009, No. 154 (Adj. Sess.), § 18A, eff. Feb. 1, 2011; 2013, No. 96 (Adj. Sess.), § 13; 2013, No. 131 (Adj. Sess.), § 100; 2017, No. 46, § 56, eff. July 1, 2019.)