Advisory Committee on Rules of Probate Procedure Meeting June 17

VERMONT SUPREME COURT
ADVISORY COMMITTEE ON RULES OF PROBATE PROCEDURE
AGENDA FOR MEETING OF JUNE 17, 2021

1. Approval of draft minutes of the meeting of March 25,2021, previously distributed.
2. Status of proposed and recommended amendments.
A. Effect on Probate Rules of draft amendments to the 2020 Vermont Rules on Electronic Filing. Chairman Kilgore to report.
B. Effect on Probate Rules of proposed amendments to Appellate Rules and E-filing Rules concerning electronic appeals to Supreme Court, circulated to the bar on May 24, comments due on July 2, 2021. See J [email protected]; https://www.vermontjudiciary.org/attorneys/rules/proposed, Professor Wroth to report.
C. Issues concerning AO 49 as amended through May 12, 2021. Professor Wroth to report.
D. V.R.P.P. 73 to implement 14 V.S.A. § 118 providing for direct reference to the Civil Division of matters involving wills. Promulgated April 5, effective June 7, 2021. Professor Wroth to report.
3. V.R.P.P. 17(a). Need for service on interested persons in light of In re Holbrook's Estate I, 2016 VT 13. See also Id. II, 2017 VT 15. Chairman Kilgore to report for subcommittee (Judge Kennedy, Judge Scanlon, Mr. Langan, and himself) on development of simpler process for allowance of objections.
4. Elections, V.R.P.P. 13, Form 49, and 14 V.S.A. § 305 and 27 V.S.A. § 105 in light of Act 195 (S.29). Deferred at March 25 meeting. Mr. Gawne and Mr. Shen to report on questions (1) when an objection to an election could be made and (2) how the Rule would work in a case of concurrent jurisdiction among divisions.
5. Review and possible comment on policy re destruction of paper filings after entering into Odyssey, 4/7/20. Subcommittee (Chairman Kilgore and Melissa Ferrer) to report.
6. Proposed New V.R.P.P. 66.1 Accountings. Chairman Kilgore and Professor Wroth to present new draft.
7. Applicability of V.R.P.AC.R. 7(a)(1)(B) in Probate Division. Judge Scanlan to report on consideration by Probate Division Oversight Committee.
8. Need for Rules to implement Act 167 of 2020, §§ 15 (amending 14 V.S.A. § 107, allowance of wills) and 28-29 (adding 4 V.S.A. § 35 (27), providing concurrent jurisdiction with Family Division of judicial determinations issued under new 14 V.S.A. ch. 111, subch. 14 regarding the custody and care of children under certain federal Immigration legislation. Chairman Kilgore, Judge Kennedy, and Professor Wroth present draft.
9. Other business.
10. Date of next meeting.