Vermont Statutes Title 32 Sec. 1434
Terms Used In Vermont Statutes Title 32 Sec. 1434
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Executor: A male person named in a will to carry out the decedent
- Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Personal property: All property that is not real property.
- Probate: Proving a will
- real estate: shall include lands, tenements, and hereditaments and all rights thereto and interests therein, and pews or slips in places of public worship shall be treated as real estate. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Trustee: A person or institution holding and administering property in trust.
§ 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 $500,000.00 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 Vt. Stat. Ann. chapter 107,
subchapter 3. $100.00
(25) Petitions for partial decree $105.00
(26) Petitions for license to sell or convey real estate $100.00
(27) Petitions for license to sell or convey personal property $100.00
(28) [Repealed.]
(29) Motion to reopen estate for newly
discovered asset fee based on the value
of the newly discovered
asset, pursuant to sub-
divisions (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) [Repealed.]
(32) Petitions to obtain a birth order pursuant to
15C V.S.A. § 708(a) or § 804(a) $100.00
(33) Petitions to appeal the State Registrar’s denial
of an application to amend a birth or death certificate
pursuant to 18 V.S.A. § 5073(b) $150.00
(34) Registration of foreign guardianship order $90.00
(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; 2019, No. 70, § 28; 2019, No. 167 (Adj. Sess.), § 21, eff. Oct. 7, 2020; 2021, No. 65, § 8, eff. June 7, 2021.)