Rule 80 - Conveyance of Property When Record Holder Deceased(a)Applicability. This rule applies to a proceeding brought under 14 V.S.A. §§ 1801-1804. (b)Petition; service. The petition shall state with particularity the factual basis of the petitioner's claim, the names and addresses of the heirs and representatives of the deceased person, and the names and addresses of all claimants so far as known to the petitioner and shall be signed and sworn to by the petitioner. It shall be filed and thereafter served together with a summons pursuant to Rule of the Vermont Rules of Civil Procedure.(c)Answer. Unless the court directs otherwise, a person receiving notice shall serve an answer within 21 days after service of the summons and petition or, with respect to a person receiving notice served pursuant to Rule 4(e), 4(f) or 4(k) outside the United States or Canada, within 49 days after such service. The service of a motion permitted by these rules alters these periods of time as provided in Rule 12(a) of the Vermont Rules of Civil Procedure.(d)Notice and hearing. The court shall hear the petition no earlier than 21 days after the service of the summons and petition on the last person served. The court may set the date of hearing on filing of the petition and require that a notice of the hearing be served with the summons and petition.(e)Findings in case of default. No judgment, other than a dismissal for want of prosecution, shall be entered except after hearing, which may be ex parte if no person appears. The court may grant relief against any person who has failed to file an answer pursuant to this rule solely on the basis of the verified petition. (f)Applicability of rules. Except as provided in this rule, the Rules of Probate Procedure shall apply to actions governed by this rule.Amended Sept. 20, 2017, eff. 1/1/2018.Reporter's Notes-2018 Amendment
Rule 80(c) is amended to change its 20-day time period to 21 days and its 50-day time period to 49 days, consistent with the simultaneous "day is a day" amendments to V.R.P.P. 6.