How probate costs work in Vermont
Vermont has not adopted the Uniform Probate Code — it runs its own framework under Title 14. Estates are heard by the Probate Division of the Superior Court, with one division in each of Vermont's 14 counties. Vermont requires no attorney for any probate route — small estate, waiver of administration, or full administration can all be self-filed.
1. Executor fee — reasonable, but the will's own clause controls by default
14 V.S.A. § 1065: an executor or administrator is allowed necessary expenses plus "reasonable fees for services," with no percentage or listed factors. What's unusual: if the will itself sets compensation, that provision is full satisfaction for the executor's services — the reasonable-fee standard only kicks in if the executor renounces the will's provision in writing filed with the Probate Division, or the court orders otherwise. This runs the opposite direction from most states, where the statutory standard is the default and the will's clause is the alternative.
Any percentage shown here is an illustrative market-rate estimate. Family executors frequently waive the fee.
2. Attorney fee — also reasonable, no schedule
No fixed schedule: Vermont sets no statutory percentage for attorney fees either. Since no attorney is legally required for any Vermont probate route, many families self-file, especially for a small estate or a waiver of administration.
3. Court cost — a fixed-dollar sliding scale, identical statewide
32 V.S.A. § 1434(a): the filing fee is a flat dollar amount by estate-value band — not a percentage — and it's identical in all 14 counties: $50 at $10,000 or less, $110 through $50,000, $265 through $150,000, $500 through $500,000, $1,000 through $1,000,000, $1,750 through $5,000,000, $2,500 through $10,000,000, and $3,250 above that.
- Publication to creditors — creditors generally have 4 months to present claims.
- Bond — may be required unless waived by the will; the small estate route requires a bond without surety.
4. Vermont's own estate tax — a flat rate, unusually
32 V.S.A. § 7442a: Vermont has no inheritance tax, but levies its own state estate tax on estates above a $5,000,000 exemption, at a flat 16% of the excess — notable because most estate-tax states use graduated brackets instead of one flat rate. The return (Form E-1) is due 9 months after death. This calculator does not compute the estate tax.
5. When probate can be simplified in Vermont
- Small estate (14 V.S.A. § 1901, Chapter 81) — fair market value $45,000 or less, and the estate must consist entirely of personal property (timeshares are the sole real-property exception) — even a modest home disqualifies it. Pays the same statewide filing-fee band as ordinary probate; this route saves process, not money.
- Waiver of administration (§ 1851–1852, Chapter 80) — no dollar test at all; requires a sole beneficiary or heir who is also the sole fiduciary, and no Vermont real property. Mutually exclusive with the small estate route.
- Rule 80.3(g) affidavit — a separate court-rule procedure, flat $50, no stated ceiling of its own.
| Cost component | Vermont figure | Source |
|---|---|---|
| Executor fee | Reasonable; will's clause controls unless renounced | 14 V.S.A. § 1065 |
| Attorney fee | Reasonable; no set % | No statute |
| Statewide filing fee | $50–$3,250, fixed-dollar bands | 32 V.S.A. § 1434 |
| Small estate | $45,000 (personal property only) | 14 V.S.A. § 1901 |
| State inheritance tax | None | VT Dept. of Taxes |
| State estate tax | Flat 16% above $5,000,000 | 32 V.S.A. § 7442a |