Vermont Probate Deadlines: What to File and When

One filing decides whether the will's own fee clause holds, or the reasonable-fee standard takes over instead — and it isn't automatic either way.

14 V.S.A. Title 14; 32 V.S.A. Title 32

Quick answer: the deadline that shapes the whole schedule is the roughly 4-month creditor claim window. See the full Vermont probate timeline calculator for your specific estimate.

The core deadlines, in order

DeadlineVermont ruleStatute
Small estate procedure eligible$45,000 or less, personal property only14 V.S.A. § 1901
Creditor claim barGenerally 4 months to present claims14 V.S.A. Title 14
Executor renunciation of will's fee clauseWritten filing with the Probate Division, or court order14 V.S.A. § 1065
Probate Division filing fee$50–$3,250, fixed-dollar bands32 V.S.A. § 1434
Estate tax return (Form E-1), if applicableDue 9 months after death32 V.S.A. § 7442a

The will's fee clause controls, unless someone acts

Worth understanding clearly: under 14 V.S.A. § 1065, if the will itself sets executor compensation, that provision is full satisfaction for the executor's services by default. This runs the opposite direction from most states, where a statutory reasonable-fee standard is the default and the will's clause is an optional alternative. In Vermont, the executor has to affirmatively renounce the will's provision, in writing, filed with the Probate Division — or get a court order — before the reasonable-fee standard applies instead.

A separate deadline for a separate tax

If the estate exceeds Vermont's own $5,000,000 estate tax exemption, Form E-1 is due 9 months after death — a deadline that runs independently of the probate case itself and applies at a flat 16% of the excess.

Facing probate in Vermont?

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

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Vermont probate deadlines — frequently asked questions

When is Vermont's estate tax return due, if it applies?

Form E-1 is due 9 months after death, for estates above the $5,000,000 exemption under 32 V.S.A. Section 7442a — separate from the probate timeline itself.

How does an executor renounce the will's fee clause in Vermont?

By filing a written renunciation of the will's compensation provision with the Probate Division, or by obtaining a court order — only then does the reasonable-fee standard under 14 V.S.A. Section 1065 apply instead.

What is Vermont's small estate threshold?

$45,000 or less, personal property only, under 14 V.S.A. Section 1901.

How is Vermont's probate filing fee calculated?

On a fixed-dollar sliding scale from $50 to $3,250, based on the estate's value band under 32 V.S.A. Section 1434 — not a percentage, and identical across all 14 counties.

Estimate for general guidance only, not legal advice. Based on 14 V.S.A. § 1065, 1901; 32 V.S.A. § 1434, 7442a. Confirm current deadlines with the Probate Division or a licensed Vermont attorney.