There shall be a Judge of Probate who shall exercise and perform the powers and duties of a probate court for the town.
The Judge of Probate shall be appointed by the Town Council to serve for a term of two (2) years.
The appointment shall be made after each Town Council regular election. The Judge of Probate shall serve until the judge's successor is appointed and qualified.
The Judge of Probate shall be an attorney-at-law in good standing who has been admitted to the practice of law in this state. The judge need not be a resident of the town.
[Amended 11-4-2008, effective 1-1-2009]
In the absence, disability, or disqualification of the Judge of Probate so that the judge is unable to fulfill the judge's duties, or there is a vacancy in such office, the duties of the Judge of Probate shall be performed by the Town Solicitor or municipal court judge; and when so serving, the acting Judge of Probate shall have and exercise all the powers and duties of the judge of probate.
The Town Clerk shall be the clerk of the probate court.
All fees collected by the clerk of the probate court shall inure to the benefit of the town and shall be paid over to the Town Treasurer unless otherwise directed by the laws of the state.