There shall be a Judge of Probate who shall exercise and perform
the powers and duties of a probate court for the town.
[Amended 11-4-2014]
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.