Rule 3 Commencement and Duration of Proceedings

(a) Commencement generally. Except as otherwise provided in Rules 57, 60.1(d), or 72, a probate proceeding is commenced by filing with the court a petition directed to the court and a list of interested persons as defined in Rule 17 on forms appropriate to the proceeding accompanied by the appropriate filing fee. Notice shall then be served in accordance with Rule 4 upon all interested persons, except as otherwise provided in paragraphs (b)(2) and (3).

(b) Commencement and duration: decedents’ estates.

(1) For purposes of these rules, a probate proceeding involving a decedent’s estate shall begin with:

(A) a petition to open an estate, or

(B) a petition to begin a proceeding authorized by law with respect to a decedent’s estate, including a declaratory judgment petition, if the decedent’s estate is not already the subject of a probate proceeding under this subdivision,

and shall continue until the proceeding is closed pursuant to Rule 60.1. The petition shall be accompanied by a death certificate or other proof of death satisfactory to the court and the original will, if any, and any other codicils thereto.

(2) If a petition to open a decedent’s estate alleges that the estate contains no assets that will pass by will or under the laws of descent and distribution and is accompanied by an affidavit of the petitioner attesting to the lack of any such assets and setting forth facts demonstrating the need of an executor or administrator to perform administrative acts for the estate, the court will issue letters testamentary or grant administration to enable performance of such other acts as may be necessary to administer the estate.

(3) Pursuant to 14 V.S.A. § 107, if the petitioner reasonably believes that the heirs at law and surviving spouse will consent to the allowance of the will, or to the intestate proceeding, as provided in Rule 16, the petitioner may file the petition without serving them and may seek their consents. If the heirs at law and surviving spouse file consents, the court may proceed with allowance of the petition without further notice; and the court shall then direct who is to give notice of the proceeding to all interested persons. If all heirs at law and the surviving spouse do not file a consent within a reasonable time, the court will set a hearing date, and the petitioner will serve the petition and notice of the hearing on all interested persons.

(c) Commencement and duration: trust proceeding. For purposes of these rules, a probate proceeding involving a trust shall begin with a petition to open a trust proceeding and shall continue until the proceeding is closed pursuant to Rule 60.1.

(d) Commencement and duration: guardianship. For purposes of these rules, a probate proceeding involving a guardianship shall begin with:

(1) a petition to appoint a guardian, or

(2) a petition to begin a proceeding authorized by law with respect to the estate or person of a child or adult in need of guardianship, or a child or adult under guardianship, including a declaratory judgment petition, if the estate or person is not already the subject of a probate proceeding under this subdivision, and shall continue until the proceeding is closed pursuant to Rule 60.1. The petition for a minor guardianship shall be accompanied by a birth certificate or other proof of parentage satisfactory to the court.

(e) Petition filed by an inmate confined in an institution.

(1) A petition filed by an inmate confined in an institution is timely if deposited in the institution’s internal mailing system on or before the last day for filing. If an institution has a system designed for legal mail, the inmate must use that system to receive the benefit of this rule. Timely filing may be shown by a notarized statement accompanying the petition stating the date the petition was deposited in the institution’s internal mailing system. The notarized statement establishes a presumption that the petition was deposited in the institution’s internal mailing system on the date shown in the statement. The presumption may be rebutted by documentary or other evidence.

(2) Nothing in this rule precludes other evidence of timely filing such as a postmark or an official date stamp showing the filing date of the document.