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Vermont's Will-Controls-Fee Rule Explained

Most states start with a reasonable-fee standard and let the will override it. Vermont starts with the will and makes the executor ask for reasonableness instead.

14 V.S.A. § 1065

By the FigureMyTax Editorial Team · How we calculate

Quick answer: in Vermont, if the will sets executor compensation, that provision is full satisfaction by default — not merely one option among several. The reasonable-fee standard only applies if the executor renounces the will's clause in writing. See how this affects your own estimate in the Vermont probate timeline calculator.

Two default rules, compared

Most statesVermont
Default standardStatutory reasonable fee (or a percentage)The will's own compensation clause
Will's clause isAn optional alternativeFull satisfaction, unless renounced
To get the reasonable-fee standardUsually the default alreadyFile a written renunciation, or get a court order

Why this matters when a will sets a low fee

Worth understanding clearly: a will that specifies, say, a flat $1,000 executor fee for a large, complicated estate doesn't get quietly overridden by a court's sense of what's reasonable. Under 14 V.S.A. § 1065, that clause is full satisfaction unless the executor takes the affirmative step of renouncing it in writing with the Probate Division, or a court orders otherwise.

If the will says nothing at all

Not every will addresses executor compensation. When one doesn't, there is no clause to control in the first place, and the reasonable-fee standard under § 1065 applies directly — necessary expenses plus reasonable fees, with no percentage or listed factors.

Facing probate in Vermont?

A local probate attorney can review your estate — many offer a free consultation.

Talk to a Vermont attorney

The will-controls-fee rule — frequently asked questions

Why does Vermont let the will's fee clause control by default?

14 V.S.A. Section 1065 treats a will's own compensation provision as full satisfaction for the executor's services unless renounced — the reverse of most states, where a statutory reasonable-fee standard applies unless the will says otherwise.

What happens if a Vermont will sets an executor fee lower than a reasonable market rate?

The will's provision still controls by default. The executor's option is to renounce it in writing, filed with the Probate Division, or seek a court order, to access the reasonable-fee standard instead.

What if a Vermont will says nothing about executor compensation?

Then the reasonable-fee standard under 14 V.S.A. Section 1065 applies directly, since there is no will provision to control in the first place.

Does renouncing the will's fee clause in Vermont require a lawyer?

No — like every Vermont probate step, the renunciation can be self-filed with the Probate Division, though many executors choose to consult an attorney given what's at stake.

Keep going

Vermont Probate Timeline CalculatorYour estimate, based on your answers Vermont Probate DeadlinesEvery statutory date, with citations What Delays Probate in VermontBeyond the statutory floor Vermont Probate vs Living TrustWould a trust have avoided this?

Estimate for general guidance only, not legal advice. Based on 14 V.S.A. § 1065. Whether renunciation makes sense for a specific estate depends on its own facts. Consult a licensed Vermont attorney before proceeding.