How the Vermont executor fee actually works
No percentage anywhere — and a will's compensation clause that works the opposite way from what you might expect.
1. The statute: necessary expenses plus reasonable fees
14 V.S.A. § 1065: "An executor or administrator shall be allowed necessary expenses in the care, management, and settlement of the estate and reasonable fees for services." No percentage, no schedule, no factors listed — the bare entitlement, left to the Probate Division of the Superior Court to work out case by case.
2. The will's clause controls, unless renounced
§ 1065, continued: "When, by will, the deceased makes some other provisions for compensation to the executor, that shall be a full satisfaction for his or her services, unless, by a written instrument filed in the Probate Division of the Superior Court, the executor renounces all claim to the compensation provided by the will, or unless otherwise ordered by the court." A will's fee clause is binding by default; the executor has to affirmatively file a written renunciation to fall back on the reasonable-fee standard instead — or ask the court to order otherwise.
3. No Uniform Probate Code, no UPC-style factor list
Vermont never adopted the UPC: unlike several other reasonable-compensation states in this cluster whose statutes trace back to the Uniform Probate Code's model text, Vermont's Title 14 developed independently. It uses "executor" and "administrator" throughout, never "personal representative," and both roles receive the same document from the court — letters of administration — rather than the letters testamentary and letters of administration split used in UPC states.
4. No deadline tied to qualifying
Several neighboring states require a personal representative to renounce a will's compensation provision "before qualifying" for the role. The text of § 1065 doesn't include that timing restriction — it requires only a written instrument filed with the Probate Division, or an order from the court.
| Component | Vermont figure |
| Statutory formula | None — 14 V.S.A. § 1065, necessary expenses + reasonable fees |
| Factors listed in statute | None |
| Will's compensation clause | Controls by default, unless renounced or court orders otherwise |