(a) Notice of Appeal; Appellee’s Appearance. Any party entitled thereto by law may appeal to the civil division of the superior court from a decision of the probate division by filing with the register of the probate division a notice of appeal in the manner and within the time provided in Rules 3 and 4 of the Rules of Appellate Procedure as modified herein. The appellant shall serve a copy of the notice upon each person who is considered a party at the time of commencement of the proceeding pursuant to Rule 17 of the Vermont Rules of Probate Procedure and shall transmit a copy of the notice to the clerk of the superior court for the civil division in the unit in which the appeal is taken. The running of the time for filing a notice of appeal is terminated by a timely motion pursuant to a Rule of Probate Procedure equivalent to those Rules of Civil Procedure listed in Rule 4 of the Rules of Appellate Procedure. The appellee and any other party shall cause that party’s appearance to be entered with the clerk of the superior court for the civil division within 21 days after service of the notice of appeal.
Rule 72.Appeals from the probate divisions
Group IX: Appeals to the Superior Courts · Last amended January 1, 2018 · Last verified July 14, 2026
In one sentenceRule 72 lays out how to appeal a probate division decision to the civil division of the superior court, from filing the notice of appeal through trial of the appeal, and adds a special interlocutory-appeal track for trust administration cases.
Full Text of Rule 72
(b) Stay; Bond. During the time for filing a notice of appeal and pending the appeal if a notice is filed, the decree of the probate division shall be stayed as provided in Rule 62 of the Rules of Probate Procedure. Rules 7 and 8 of the Rules of Appellate Procedure shall govern appeals under this rule, so far as applicable.
(c) Record on Appeal. The record on appeal shall consist of the papers and exhibits filed in the probate division, a statement of the questions which the appellant desires to have determined, and any transcript of the proceedings furnished by the parties. No pleadings shall be required in the civil division. Within 30 days after the filing of the notice of appeal the register of the probate division shall transmit the papers and exhibits filed to the clerk of the superior court for the civil division in the manner provided in Rule 11(b) of the Rules of Appellate Procedure, and the appellant shall file a statement of questions with the clerk of the superior court for the civil division and serve it upon all other parties in accordance with Rule 5. The appeal shall be docketed and the record deemed complete as provided in Rule 12 of the Rules of Appellate Procedure. Any party desiring a transcript of any portion of the proceedings in the probate division to be included in the record on appeal shall order it by the method specified in Rule 10(b) of the Rules of Appellate Procedure. The transcript shall be filed in the probate division, delivered and paid for as provided in Rule 11(b) of the Vermont Rules of Appellate Procedure. The party receiving the transcript shall file it forthwith in the civil division.
(d) Trial. The questions contained in the appellant’s statement of questions shall be tried to a jury if one is demanded in accordance with Rule 38. Otherwise such questions shall be tried to the court. Proceedings under this rule shall be ripe for listing upon the hearing calendar in accordance with Rule 40(a) when the time for filing the record provided in subdivision (c) of this rule, and any extension thereof, have expired.
(e) Certificate of Decision. Thirty-five days after the entry of judgment, if no notice of appeal to the Supreme Court has been filed, the clerk shall certify the decision of the civil division to the probate division, returning therewith any original document transmitted as part of the record on appeal. Upon receipt of such certification, the same proceedings shall be had in the probate division as though the decision had been made in that court.
(f) Appeal of Interlocutory Order by Permission under 14A V.S.A. § 201(d).
(1) Motion for Permission to Appeal. Upon motion of any party in a probate action concerning the administration of a trust under Title 14A of the Vermont Statutes Annotated, the presiding probate judge shall permit an appeal to be taken to the civil division of the superior court from any interlocutory order or ruling if the judge finds that the order or ruling involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal may materially advance the termination of the litigation. The motion shall be filed and served upon each person who is considered a party at the time of commencement of the proceeding pursuant to Rule 17 of the Vermont Rules of Probate Procedure within 14 days after the entry of the order or ruling appealed from. The appeal shall be limited to questions of law. The order permitting or denying appeal shall contain a statement of the grounds upon which appeal has been permitted or denied.
(2) Review by Civil Division of Denial of Motion. If the motion is denied, the moving party may, within 14 days after the entry of the order of denial, file the motion in the civil division, together with a statement setting forth the question of law asserted to be controlling, the facts necessary to an understanding of the question, and the reasons why an interlocutory appeal should be permitted. Copies of the motion and statement shall be served upon all parties upon whom the original motion was served. The order from which an appeal is sought, and the order of denial, shall be filed and served with the motion or as soon thereafter as is practicable. Within 7 days after service of the motion, an adverse party may file and serve an answer in opposition to the motion. The matter shall be determined upon the motion and answer without oral argument unless the civil division otherwise orders.
(3) Proceedings on Appeal. The order permitting appeal shall be filed and served and a copy thereof, together with the docket entries and entry fee if any, mailed to the clerk of the superior court for the civil division in the manner provided for notice of appeal in Rule 3 of the Rules of Appellate Procedure. The record shall thereupon be transmitted and the action entered, heard, and determined in the civil division as provided by this rule for other appeals.
(4) Motion to Dismiss in the Civil Division. At any time after the docketing of the appeal in the civil division, any appellee may move to dismiss the appeal on the grounds that permission to appeal was improvidently granted. The motion shall contain a statement of the facts necessary to an understanding of the question of law found controlling by the probate judge and a statement of the reasons why an interlocutory appeal should not have been permitted on such question. The civil division may order immediate hearing of the motion or may defer hearing until the time set for oral argument on the appeal. If at any time, upon such motion or upon its own motion, the civil division finds that no controlling question of law as to which there is substantial ground for difference of opinion has been presented or that a decision on such question would not materially advance the termination of the litigation, it may dismiss the appeal.
(g) Rules of Civil Procedure To Apply. Except as modified by this rule, the Rules of Civil Procedure, so far as applicable, shall govern proceedings under this rule.
Notes
Reporter’s Notes—2018 Amendment: Rules 72(a) and (f)(1) and (2) are amended to extend their 5-, 10- and 20-day time periods to 7, 14, and 21 days consistent with the simultaneous “day is a day” amendments to V.R.C.P. 6.
Reporter’s Notes—2012 Amendment: V.R.C.P. 72(f) is adopted to provide a procedure comparable to that of V.R.A.P. 5(b) for interlocutory appeals by permission of the probate judge from the probate division to the civil division of the superior court on controlling questions of law in trust cases. The amendment implements 14A V.S.A. § 201(d), enacted in 2009 as part of the adoption of the Vermont Trust Code. Note that 12 V.S.A. § 2386(a), as amended by Act 154 of 2009 (Adj. Sess.), §§ 74, 74a, appears to permit a direct interlocutory appeal from the probate division to the Supreme Court on questions of law as provided in rules adopted by the Supreme Court. See also 12 V.S.A. § 2551 and V.R.A.P. 13. In the absence of guidance from the Legislature, the direct Supreme Court appeal is presumably an alternative to be used when the importance of the question dictates that the greater expense and delay of such a proceeding is warranted. The title and text of V.R.C.P. 72 have been amended to insert “probate division” and “civil division” where appropriate. Former V.R.C.P. 72(f) has been redesignated as (g).
Reporter’s Notes—2003 Amendment: Rule 72(a), as amended effective July 1, 2002, is further amended simultaneously with amendments of V.R.C.P. 74(b) and 76(e)(2) and V.R.A.P. 3(b)(1) to make clear that the appellant serves a copy of the notice of appeal on each party and the clerk of the appellate court. (A parallel amendment has been made to V.R.S.C.P. 10(a) for consistency of language.) The original of the notice remains with the lower court or agency and is transmitted to the appellate court only as part of the transmission of the record.
Reporter’s Notes—2002 Amendment: Rule 72(a) is amended to provide that the appellant is responsible for serving copies of the notice of appeal upon the clerk of the superior court and the appellees. The amendment is intended to conform the practice in probate appeals to that in appeals to the Supreme Court under V.R.A.P. 3 as amended in 1990.
Reporter’s Notes—1985 Amendment: Rule 72 is amended to conform to the Vermont Rules of Probate Procedure. The amendments change cross- references and clarify certain procedures connected with probate appeals. For example, an addition to subdivision (a) explicitly applies the tolling provisions of V.R.A.P. 4 to probate appeals. An addition to subdivision (c) applies the transcript ordering procedures of V.R.A.P. 10 and 11 to probate appeals. See V.R.P.P. 47.
Reporter’s Notes: This rule has no equivalent in the Federal Rules. It is based on prior Vermont practice. 12 V.S.A. §§ 2555- 2571, governing procedure in probate appeals, are superseded by this rule or other rules incorporated herein by reference. Rule 72(a), following practice under 12 V.S.A. §§ 2381- 2390 (now superseded), provides for appeal from a probate court to a county court by filing a notice of appeal. The rule incorporates Appellate Rules 3 and 4 as to the content, filing, and serving of the notice. The time for appeal as provided in Appellate Rule 4 may be extended when the requirements of 12 V.S.A. § 2357 for such extension are met. See Appellate Rule 26(b). Because no answer is required, the appellee is to enter his appearance upon service of the notice. 12 V.S.A. § 2557 (now superseded) contained a similar requirement, but the time has been increased from 14 to 20 days for consistency with other provisions of the rules. Rule 72(b) makes Rule 62 applicable to stay the probate decree automatically without bond, but incorporates Appellate Rules 7 and 8 for bond and stay in those cases where stay is not automatic under Rule 62. See Reporter’s Notes to Appellate Rules 7 and 8. Rule 72(c) is a simplified version of the procedure under Appellate Rules 10-12 for the record on appeal. The requirement of a statement of questions is carried forward from 12 V.S.A. § 2384 (now superseded). The provision for furnishing portions of the transcript is considerably simpler than Appellate Rule 10(b), in light of the less formal nature of probate court proceedings. Rule 72(d), following 12 V.S.A. § 2384, limits trial to the questions raised by the appellant. As in the past, the appeal is a trial de novo on those questions. See Whitton v. Scott, 120 Vt. 452, 144 A.2d 706 (1958). Since no pleadings are required, probate appeals are ripe for trial at any time after the record is complete. Rule 72(e) is substantially similar to 12 V.S.A. §§ 2570- 2571 (now superseded). By virtue of Rule 72(f) the pre-trial conference and discovery procedures of Rules 16, 26-37, may be used in probate appeals and numerous technical provisions, such as those for voluntary and involuntary dismissal (Rule 41), costs (Rule 54(d), (e)), and appointment of masters (Rule 53), are applicable.
Amendment History
Amended Jan. 29, 1985, eff. July 1, 1985; Mar. 6, 2002, eff. July 1, 2002; March 25, 2003, eff. July 1, 2003; July 10, 2012, eff. Sept. 10, 2012; Sept. 20, 2017, eff. Jan. 1, 2018.
Plain-English Summary
An appeal from the probate division starts with a notice of appeal filed with the register of the probate division, following the timing and manner set out in the Rules of Appellate Procedure. The appellant serves a copy on every person considered a party when the proceeding began, and sends a copy to the civil division clerk. A timely motion under the probate-procedure equivalents of the civil motions listed in Appellate Rule 4 tolls the appeal clock. The appellee has to enter an appearance with the civil division clerk within 21 days of service of the notice. During the time to appeal, and pending the appeal once filed, the probate decree is automatically stayed as provided in the probate rules, with the Appellate Rules on bond and stay filling in where that automatic stay does not reach.
The record on appeal consists of the papers and exhibits filed in the probate division, the appellant's statement of the questions to be decided, and any transcript the parties furnish -- no new pleadings are required. The register transmits the papers within 30 days of the notice of appeal, the appellant files and serves the statement of questions, and the appeal is docketed and the record deemed complete under the same procedure as an ordinary appeal. The questions in the statement are tried to a jury if one is properly demanded, and otherwise to the court, once the time for filing the record has run. If no appeal to the Supreme Court follows, the clerk certifies the civil division's decision back to the probate division 35 days after judgment, and the probate division proceeds as though it had decided the matter itself.
Rule 72(f) adds a distinct track for trust cases under Title 14A: a party can move the probate judge for permission to appeal an interlocutory order that presents a controlling question of law with substantial ground for disagreement, where an immediate appeal would materially advance the litigation. If the judge denies that motion, the moving party can seek review by filing the motion directly in the civil division within 14 days, with a statement of the controlling question and the reasons an interlocutory appeal should be allowed; the opposing side gets seven days to answer, and the matter is normally decided on the papers without oral argument. Even after permission is granted, an appellee can move to dismiss the appeal on the ground that permission was improvidently granted. Except where this rule modifies them, the ordinary Rules of Civil Procedure otherwise govern proceedings under Rule 72.
Frequently Asked Questions
How does someone start an appeal from a Vermont probate division decision?
By filing a notice of appeal with the register of the probate division in the manner and time set by the Rules of Appellate Procedure, serving a copy on every party from the start of the proceeding, and transmitting a copy to the civil division clerk. The appellee then has 21 days from service to enter an appearance with the civil division clerk.
Is the probate division's decree automatically paused once an appeal is filed?
Yes. During the time for filing a notice of appeal, and pending the appeal once one is filed, the probate decree is stayed as provided in the Rules of Probate Procedure, with the Appellate Rules on bond and stay applying so far as relevant.
What makes up the record on a probate appeal, and does the appellant have to file new pleadings?
The papers and exhibits filed in the probate division, a statement of the questions the appellant wants decided, and any transcript the parties furnish. No pleadings are required in the civil division.
Is a probate appeal tried to a jury?
Only if a jury is demanded on the questions in the appellant's statement, in accordance with Rule 38. Otherwise the questions are tried to the court once the record is complete.
What is the special interlocutory appeal procedure for trust cases under Rule 72(f)?
In a probate proceeding about administering a trust under Title 14A, a party can move the probate judge for permission to appeal an interlocutory order that presents a controlling question of law with substantial ground for disagreement, where immediate appeal would materially advance ending the litigation. A denial can be reviewed by the civil division on motion, and even a granted appeal can be challenged there by a motion to dismiss for improvident grant.
Source & verification. Rule text, official Reporter's Notes, and
amendment history are reproduced verbatim from the Vermont Rules of Civil Procedure,
adopted by the Vermont Supreme Court. Last verified July 14, 2026.
· Official source
Also known as: vermont probate appealrule 72 vermontappeal from probate division vermontvrcp 72interlocutory appeal trust case vermontprobate to superior court appeal