There shall be a Judge of Probate who shall exercise and perform the powers and duties of a Probate Court for the Town, who shall be appointed by the Mayor with the approval of the Town Council to serve for a term concurrent with the term of the Mayor and until his or her reappointment or the appointment of a successor approved by the Town Council.
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, and who is a qualified elector of the Town.
The Town Council shall determine and fix the salary of the Judge of Probate. The Town Clerk shall be the Clerk of the Probate Court. The Clerk shall pay all fees and other revenue received by the Probate Court to the Town Treasurer, on the same day as received, for the use and benefit of the Town.
Whenever the Judge of Probate Court is a party of or interested in any proceeding about to be heard in his or her court, or is absent or unable to perform the duties, or there is a vacancy in such office, the duties shall be temporarily performed by the Town Solicitor, and the fact of such interest, absence, inability or vacancy shall be recorded in the records of said court. If the vacancy has been more than ninety (90) days, the Town Council by resolution shall appoint another Judge of Probate to fill out the unexpired term.