Rule 78 Filing of Original Documents

(a) Wills and Other Documents Relating to the Probate of an Estate. Regardless of whether documents relating to the probate of an estate are electronically filed, the following original paper documents must also be submitted before the court will consider testate or intestate estates:

(1) Last will and testament,

(2) codicils,

(3) apostilles,

(4) documents from principal jurisdictions indicating the need for creation of an ancillary estate proceeding in Vermont,

(5) foreign wills if there has been no probate in a foreign jurisdiction,

(6) translations of the foregoing, certifications as to translations of the foregoing, and

(7) international wills pursuant to 14 V.S.A. §§ 131-140.

(b) Vital Records. Where a vital record is required to be filed with the court, the original paper record or a paper certified copy must be filed before the court will consider the matter requiring a vital record.

(c) Storage and Return.

(1) Original wills and other documents relating to the probate of an estate will be stored by the Probate Division. The court will maintain such original testamentary documents in a nonelectronic case file until the court approves the fiduciary’s closing report or issues another order closing the proceeding, after which the Register will return all such original documents to the last serving fiduciary.

(2) Original paper vital records or paper certified copies will be returned to the filer when the proceeding for which the vital record was filed becomes final.

(d) Definitions. For purposes of this rule:

(1) An original will or codicil or other document means the paper wet-signed document signed by the testator and subscribing witnesses.

(2) An original apostille means the paper wet-signed, and/or raised sealed, as originally created by the issuing jurisdiction.

(3) An original translation means a translation, wet-signed, and/or raised sealed, certification that the translation is the correct translation from the foreign language. Translations must be accompanied by a copy of the original document from which the translation was generated.

(4) A vital record means a paper record from the issuing agency or a certified copy issued by the entity having custody of the original document, which contains either a wet signature authorized by the issuing entity or a raised seal of the issuing entity, or is printed on serially numbered, anti-fraud paper.