Vermont Probate Fee Waiver: How to Apply When You Can't Afford Court Costs

Vermont probate filing fees are not trivial. Depending on the estate's value, the initial court fee ranges from $50 to $3,250, and additional fees accumulate throughout the administration. For estates with limited liquid assets, paying these fees upfront can be a genuine hardship — especially when bank accounts are frozen pending the executor's appointment.

Vermont law provides a formal mechanism to waive these costs when financial hardship exists.

Vermont's Probate Filing Fee Schedule

Vermont probate filing fees are set by statute under 32 V.S.A. § 1434 and operate on a sliding scale based on the estate's total estimated fair market value.

These fees are due when the initial petition is filed. Additional fees apply throughout the proceeding: $30 to file a will for safekeeping, $90 to reopen a case, and transaction fees through the Odyssey File & Serve system (a $14 per-case user fee, plus 2.89% for credit card payments or $1 for eCheck).

The Fee Waiver: Form 228

If the estate or the fiduciary cannot afford the filing fees, Vermont law at 32 V.S.A. § 1434(b) authorizes the court to waive fees for parties who cannot pay. The mechanism is the Application to Waive Filing Fees (Form 228).

This form asks for information about the applicant's financial situation — income, expenses, assets, and liabilities. The court reviews the application and determines whether the financial hardship threshold is met.

Form 228 is available from the Vermont Judiciary's website and must be filed through the Odyssey File & Serve system, or in person at the probate court clerk's office if electronic filing is not possible.

Who Can Apply for a Fee Waiver

The fee waiver is designed for individuals — typically the executor or administrator acting in a personal capacity — who lack the financial means to pay the court's fees. It is not specifically limited to the estate's assets; the applicant's personal financial situation is also relevant.

Common situations where a fee waiver may be appropriate:

• The estate is insolvent (debts exceed assets), and there are no liquid funds available to pay court fees
• The estate's only asset is real property that cannot be sold immediately, leaving no cash on hand for fees
• The executor is personally low-income and cannot advance fees pending estate appointment
• The estate is a small estate with minimal liquid assets, and $110 in court fees represents a significant portion of the total estate value

What the Waiver Does and Does Not Cover

A fee waiver covers Vermont court filing fees charged under 32 V.S.A. § 1434. It does not cover:

• Commercial surety bond premiums (a separate expense paid to an insurance company)
• Newspaper publication costs for the Notice to Creditors (paid to the newspaper directly)
• Attorney fees
• Appraisal fees
• Recording fees at town clerk offices

The waiver is also not guaranteed. The court reviews each application and may deny it if the applicant's financial situation does not meet the hardship threshold, or if it appears the applicant has assets that could reasonably cover the fees.

How the Vermont E-Filing System Handles Waivers

Vermont requires all probate filings through the Odyssey File & Serve (OFS) system, which collects court fees electronically. The system requires filers to set up payment accounts.

If you are seeking a fee waiver, you still need to register for OFS. When filing your petition, the system will generate the applicable fee. Filers seeking a waiver should submit Form 228 at the same time as the initial petition, or before, to prevent the fee from being automatically assessed.

Contact the Probate Division clerk directly if you are unsure how to handle fee waivers within the OFS system. Some clerks maintain a "waiver account" for this purpose that applicants can be directed to use.

If the Fee Waiver Is Denied

If the court denies the waiver application, the filing fee must be paid before the petition proceeds. You can appeal the denial or supplement the application with additional financial documentation.

If the denial is based on the court's view that the estate has sufficient assets — even if those assets are not yet liquid — consider whether any non-probate assets (jointly held accounts, beneficiary-designated accounts) could provide accessible funds while the estate is opened.

Reducing Fees Through Proper Estate Planning

For estates near the threshold between two fee tiers, accuracy in the initial estate valuation matters. The filing fee is based on the estimated fair market value you provide in the petition. This estimate should be honest and accurate — not inflated out of caution.

For example, an estate estimated at $52,000 triggers a $265 fee, while an estate accurately estimated at $48,000 triggers only a $110 fee. If the estate's assets genuinely are worth $48,000, filing at that value is both accurate and lower-cost.

Over-filing (estimating high to avoid questions) wastes estate funds unnecessarily. Under-filing (deliberately undervaluing to avoid a higher fee tier) is dishonest and creates problems when the inventory reveals higher actual values.

Small Estate Considerations

The small estate fee is fixed at $50, regardless of whether the estate is worth $5,000 or $44,000. If your estate qualifies for the small estate procedure — under $45,000 fair market value, no real estate other than a timeshare — the cost is predictable and manageable.

For families where the $50 fee is still a hardship, Form 228 applies here as well. The same waiver process is available for small estate petitions.

The Vermont Probate Process Guide details the complete fee structure for Vermont probate, including all supplementary fees, and walks through the full petition filing process for both regular and small estates.

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