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Vermont Probate vs Living Trust Calculator

Vermont is one of the few states where no attorney is ever required for probate — which changes the math on whether a trust is worth it purely to dodge legal complexity.

Probate side: 14 V.S.A. § 1065 FigureMyTax Editorial Team Free · no sign-up

By the FigureMyTax Editorial Team · How we calculate

Your Vermont estate

Enter your estate value and a market-rate assumption — Vermont sets no fixed percentage, so this is illustrative.

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Estimated Vermont probate cost vs trust setup
Probate (estimated)
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Living trust setup
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Is it worth it for me? →
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A state where DIY probate is genuinely viable

Vermont's standout feature: unlike most states, Vermont requires no attorney for any probate route — small estate, waiver of administration, or full administration can all be self-filed with the Probate Division. That changes the calculus for a trust pursued mainly to avoid legal complexity: the complexity a trust avoids in Vermont is smaller than in a state where an attorney is effectively mandatory. A trust still has independent advantages — privacy, avoiding a separate probate in another state for out-of-state property, and incapacity planning — but "we don't want to deal with a lawyer" carries less weight here than elsewhere.

Vermont also has an unusual quirk worth knowing if a pour-over will accompanies the trust: under 14 V.S.A. § 1065, if that pour-over will sets executor compensation, the clause controls by default for any assets that end up in probate — the reverse of most states' default rule.

The probate side of this comparison reuses the same approach as the Vermont Probate Cost Calculator: reasonable fees under § 1065, with no fixed percentage, plus a fixed-dollar filing fee that runs on a sliding scale by estate value ($50–$3,250) rather than a percentage. The trust side is also market data: a basic Vermont revocable living trust commonly runs $1,500–$3,500 for an individual, $2,500–$5,000 for a couple, with Vermont's smaller legal market often trending toward the lower end compared to Boston or New York. See the full breakdown in Vermont Living Trust Setup Cost.

Vermont probate vs living trust — frequently asked questions

Does Vermont require an attorney to avoid probate with a living trust?

No law requires one, but a trust still needs to be drafted correctly and properly funded to work — and Vermont requiring no attorney for probate itself is a separate fact from whether a trust needs professional drafting.

Does a living trust avoid Vermont's own estate tax?

No. A basic revocable living trust does not avoid Vermont's separate state estate tax on estates above the $5,000,000 exemption — the assets are still counted for that purpose regardless of probate avoidance.

How much does Vermont probate cost compared to a living trust?

Vermont sets no statutory percentage for the executor or attorney fee, plus a fixed-dollar filing fee by estate value band. A Vermont living trust typically costs $1,500–$3,500 for an individual with an attorney.

Vermont living trust tools & guides

Vermont Living Trust Setup CostThe market-rate breakdown Is a Living Trust Worth It in Vermont?A decision framework Vermont Living Trust Funding MistakesWhy trusts still fail to avoid probate Vermont Probate Cost CalculatorThe reasonable-fee breakdown Vermont Probate Timeline CalculatorHow long probate would take

This calculator provides an estimate for general guidance only and is not legal or financial advice. Probate-side figures are based on Vermont statute (14 V.S.A. § 1065; 32 V.S.A. § 1434), which sets no fixed percentage for fees; any percentage shown is illustrative market data, not a legal rate. Trust-side figures are also illustrative market rates. This calculator does not compute Vermont's separate $5 million state estate tax. Confirm current figures with the Probate Division or a licensed Vermont estate planning attorney before acting.