How much does probate cost in Vermont?

The short answer

Vermont does not set probate fees by statute. Costs depend on the attorney’s billing arrangement, the type of administration, and the size and complexity of the estate. Here’s what to expect, and the ways many families avoid full probate entirely.

Attorney fees

Not statutory. There is no percentage-of-estate schedule in Vermont.

Executor / personal representative fees

14 V.S.A. §1065 provides in full: "An executor or administrator shall be allowed necessary expenses in the care, management, and settlement of the estate and reasonable fees for services. 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." There is no percentage schedule. Amended 2009, No. 154 (Adj. Sess.), §238a, eff. Feb. 1, 2011; 2017, No. 195 (Adj. Sess.), §6.

What the fee is based on

Because Vermont pays fiduciaries a reasonable fee for work actually done rather than a percentage of estate value, costs track the estate's complexity rather than a percentage of the estate, as they do in states such as California.

Court filing fees

32 V.S.A. §1434(a) sets the Probate Division entry fee by estate value: $50 for estates of $10,000 or less; $110 for more than $10,000 to not more than $50,000; $265 for more than $50,000 to not more than $150,000; $500 for more than $150,000 to not more than $500,000; $1,000 for more than $500,000 to not more than $1,000,000; $1,750 for more than $1,000,000 to not more than $5,000,000; $2,500 for more than $5,000,000 to not more than $10,000,000; and $3,250 for estates of more than $10,000,000. The subsection directs those fees to the State, except for subdivisions (18) and (19), which are for the benefit of the county in which the fee was collected.

Appraisal / probate referee

Not used. Vermont does not appoint a state appraiser. The executor must file an inventory and appraisal of estate assets with the Probate Division under 14 V.S.A. Chapter 63.

How long probate takes in Vermont

We found no published source for how long probate takes in Vermont as of September 2026. No Vermont court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Claims that arose before death are barred unless presented within four months after the first publication of the notice to creditors given under the Rules of Probate Procedure, or within one year after the decedent's death where notice has not been published or otherwise given, under 14 V.S.A. §1203(a). Claims barred by the nonclaim statute of the decedent's domicile before the first publication for claims in this State are also barred here. Claims for possession of or title to real estate, and claims for injury to the person or damage to property caused by the decedent, sit outside that bar; claims the State files on behalf of Vermont Medicaid run on the same four months regardless of the date of death or when the estate was opened (§1203(d)). 14 V.S.A. §1201 lets the Probate Division excuse notice to creditors in limited cases.

Creditor claim period

Claims that arose before death are barred unless presented within four months after the first publication of the notice to creditors given under the Rules of Probate Procedure, or within one year after the decedent's death where notice has not been published or otherwise given, under 14 V.S.A. §1203(a). Claims barred by the nonclaim statute of the decedent's domicile before the first publication for claims in this State are also barred here. Claims for possession of or title to real estate, and claims for injury to the person or damage to property caused by the decedent, sit outside that bar; claims the State files on behalf of Vermont Medicaid run on the same four months regardless of the date of death or when the estate was opened (§1203(d)). 14 V.S.A. §1201 lets the Probate Division excuse notice to creditors in limited cases. In practice, this window is often the real floor on how quickly an estate can close, because the personal representative usually waits it out before making final distributions.

How to skip full probate (or shrink the bill)

• Small-estate procedure. Estates with a fair market value of $45,000 or less that consist entirely of personal property (no real estate other than a timeshare) can use Vermont's simplified small-estate procedure under 14 V.S.A. §§ 1901–1902 and Probate Rule 80.3.
• Transfer-on-death deed. Vermont does not currently authorize a transfer-on-death (beneficiary) deed for real estate — it has not adopted the Uniform Real Property Transfer on Death Act. Vermont does recognize enhanced life estate ('lady bird') deeds and allows TOD registration of securities and bank accounts, but solely owned real property generally must pass through probate or a living trust.
• A funded living trust. Assets in a properly funded revocable living trust skip probate entirely. The successor trustee distributes them privately, usually in a month or two.
• Beneficiary designations and joint ownership. Life insurance, retirement accounts, payable-on-death (POD) accounts, and jointly held property pass directly to the named person and never enter probate.
• Family member as executor. When a relative serves as executor, they can often waive the commission — meaningfully cutting the total bill.

Whether representation is required in Vermont

Vermont does not require an estate to be represented by counsel in every proceeding; the court’s self-help materials set out where a personal representative may file without an attorney. Full probate carries formal filing requirements and statutory deadlines, and estates qualifying for a small-estate or summary procedure follow a shorter track with lower filing costs. Legal document preparers operate in some states at a flat fee, subject to state rules on unauthorised practice.

What the record shows

Probate cost in Vermont is the sum of separately-set components: statutory or court-approved attorney fees, executor commissions, court filing fees, and appraisal costs. Each is documented above with its citation.

Assets that pass outside probate — by beneficiary designation, joint ownership with survivorship, transfer-on-death instrument, or a funded living trust — are not part of the estate these fees are calculated on. Vermont’s small-estate threshold, above, determines which estates can use the simplified procedure.

Frequently asked questions about probate cost in Vermont

How much does probate cost in Vermont?

Vermont does not set probate fees by statute — the executor and attorney are paid a 'reasonable' fee, not a percentage of the estate. Attorney fees are not set by statute in Vermont. We found no published source for what probate costs in total in Vermont as of September 2026; the ranges that are published come from law firms and from sites paid to refer customers to them.

What is the small-estate limit in Vermont?

Estates with a fair market value of $45,000 or less that consist entirely of personal property (no real estate other than a timeshare) can use Vermont's simplified small-estate procedure under 14 V.S.A. §§ 1901–1902 and Probate Rule 80.3.

Who pays the probate costs in Vermont?

The estate does. Attorney fees, the executor’s commission, court filing fees, and any appraisal costs are all paid out of the estate’s assets before anything is distributed to the beneficiaries — so in practice the heirs bear the cost through a smaller inheritance rather than paying out of pocket.

Can you avoid probate costs in Vermont?

Vermont has not adopted a transfer-on-death deed for real estate, so real property held in the decedent's sole name is probate property unless it is titled into a trust or held in a form that carries a right of survivorship. Vermont also levies its own estate tax: 32 V.S.A. §7442a(b) applies no tax under $5,000,000.00 and 16 percent of the excess over $5,000,000.00 at or above it. §7442a(b) then multiplies that amount by a fraction, not greater than one, whose numerator is the Vermont gross estate plus Vermont-situs gifts under §7402(14)(C) and whose denominator is the federal gross estate plus those gifts, so an estate with property outside Vermont is taxed on the Vermont-situs share. §7442a(c) provides that all values are as finally determined for federal estate tax purposes.

How long does probate take in Vermont?

We found no published source for how long probate takes in Vermont as of September 2026. No Vermont court publishes case-duration data, and the ranges that circulate come from law firms and from sites paid to refer customers to them, so none is cited here. The statutory floor is the creditor period: Claims that arose before death are barred unless presented within four months after the first publication of the notice to creditors given under the Rules of Probate Procedure, or within one year after the decedent's death where notice has not been published or otherwise given, under 14 V.S.A. §1203(a). Claims barred by the nonclaim statute of the decedent's domicile before the first publication for claims in this State are also barred here. Claims for possession of or title to real estate, and claims for injury to the person or damage to property caused by the decedent, sit outside that bar; claims the State files on behalf of Vermont Medicaid run on the same four months regardless of the date of death or when the estate was opened (§1203(d)). 14 V.S.A. §1201 lets the Probate Division excuse notice to creditors in limited cases. The deadlines that run alongside it: How Long Does Probate Take in Vermont?.

Related reading

• What Is Probate and How Does It Work? — the full plain-English explanation of how probate works in the US.

• How to Avoid Probate in Vermont — the state-specific avoidance playbook.

• How Long Does Probate Take in Vermont? — the companion timeline guide for Vermont.

• Will vs. Trust: How They Differ — the documented differences between the two instruments.

• Estate Planning Checklist: Everything in One Place — the documents and decisions that determine what passes through probate.

---

This page explains Vermont probate costs in general terms as of 2026. It is not legal advice, and fee schedules, thresholds, and court costs change and depend on your specific situation. Confirm current figures with the Vermont courts or a licensed Vermont attorney. Sources: 14 V.S.A. § 1065, 14 V.S.A. § 1901, 14 V.S.A. § 1902, 14 V.S.A. § 1201, 14 V.S.A. § 1203, 32 V.S.A. § 1434.