2018 Vermont Statutes
Title 32 - Taxation and Finance
Chapter 17 - Fees And Costs
§ 1434 Probate cases

Universal Citation: 32 V.S.A. § 1434

§ 1434. Probate cases

(a) The following entry fees shall be paid to the Probate Division of the Superior Court for the benefit of the State, except for subdivisions (18) and (19) of this subsection, which shall be for the benefit of the county in which the fee was collected:

(1)  Estates of $10,000.00 or less $50.00 (2)  Estates of more than $10,000.00 to not more than $50,000.00 $110.00 (3)  Estates of more than $50,000.00 to not more than $150,000.00 $265.00 (4)  Estates of more than $150,000.00 to not more than $500,000.00 $500.00 (5)  Estates of more than $500,000.000 to not more than $1,000,000.00 $1,000.00 (6)  Estates of more than $1,000,000.00 to not more than $5,000,000.00 $1,750.00 (7)  Estates of more than $5,000,000.00 to not more than $10,000,000.00 $2,500.00 (8)  Estates of more than $10,000,000.00 $3,250.00 (9)  For all petitions, other than those described in subdivision (11) of this subsection to modify or terminate a trust, to remove or substitute a trustee or trustees, or seeking remedies for breach of trust: (A)  Trusts of $10,000.00 or less $50.00 (B)  Trusts of $10,001.00 to not more than $50,000.00 $110.00 (C)  Trusts of $50,001.00 to not more than $150,000.00 $265.00 (D)  Trusts of $150,001.00 to not more than $500,000.00 $500.00 (E)  Trusts of $500,001.00 to not more than $1,000,000.00 $1,000.00 (F)  Trusts of $1,000,001.00 to not more than $5,000,000.00 $1,750.00 (G)  Trusts of $5,000,001.00 to not more than $10,000,000.00 $2,500.00 (H)  Trust of more than $10,000,000.00 $3,250.00 (10)  [Repealed.] (11)  Annual accounts on trusts $85.00 (12)  Annual accounts on decedents' estates filed for any period ending more than one year following the appointment of the administrator or executor $85.00 (13)  Adoptions and relinquishments as part of an adoption proceeding $150.00 (14)  Relinquishments, separate from adoptions $100.00 (15)  Guardianships for minors $150.00 (16)  Guardianships for adults $150.00 (17)  Petitions for change of name $150.00 (18)  Filing of a will for safekeeping $30.00 (19)  Filing of subsequent will for safekeeping, same Probate Division or transfer to another Probate Division $30.00 (20)  Corrections for vital records $40.00 (21)  Orders of authorization pursuant to 18 V.S.A. § 5144(a)(2)(C) $50.00 (22)  Conveyances of title to real estate pursuant to 14 V.S.A. § 1801, including petitions to clear title and release or discharge of mortgage $100.00 (23)  Petitions concerning advance directives pursuant to 18 V.S.A. § 9718 $100.00 (24)  Civil actions brought pursuant to 18 V.S.A. chapter 107, subchapter 3. $100.00 (25)  Petitions for partial decree $105.00 (26)  Petitions for license to sell real estate $100.00 (27)  Petition for license to sell personal property $100.00 (28)  Petitions for minor settlement pursuant to 14 V.S.A. § 2643 $90.00 (29)  Motion to reopen estate for newly discovered asset 2 fee based on the value of the newly discovered asset, pursuant to subdivisions (1)-(8) of this subsection. (30)  Affidavit procedure for small estates pursuant to Rule 80.3(h) of the Vermont Rules of Probate Procedure $50.00 (31)  Requests for findings regarding motor vehicle title pursuant to 23 V.S.A. § 2023(e)(2) $50.00

(b) Pursuant to Rule 3.1 of the Vermont Rules of Civil Procedure, part of the filing fee may be waived if the Court finds the applicant is unable to pay it. The Court shall use procedures established in subsection 1431(h) of this title to determine the fee. No fee shall be charged for necessary documents pertaining to the opening of estates, trusts, and guardianships, including the issuance of two certificates of appointment and respective letters. No fee shall be charged for the issuance of two certified copies of adoption decree and two certified copies of instrument changing name.

(c) A fee of $5.00 shall be paid for each additional certification of appointment of a fiduciary. (Amended 1969, No. 207 (Adj. Sess.), §§ 14-16, eff. March 24, 1970; 1971, No. 105, § 4, eff. July 1, 1971; 1981, No. 33, § 1; 1985, No. 54, § 4; 1989, No. 221 (Adj. Sess.), § 10; 1995, No. 77 (Adj. Sess.), §§ 2, 3, eff. March 21, 1996; 2003, No. 70 (Adj. Sess.), § 21, eff. March 1, 2004; 2005, No. 213 (Adj. Sess.), § 3; 2007, No. 56, § 4; 2007, No. 153 (Adj. Sess.), § 20; 2009, No. 20, § 30; 2009, No. 154 (Adj. Sess.), § 204, eff. February 1, 2011; 2013, No. 67, § 4; 2013, No. 191 (Adj. Sess.), § 24; 2015, No. 57, § 32; 2017, No. 76, § 2; 2017, No. 96 (Adj. Sess.), § 3, eff. April 11, 2018.)

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