Hiring a Wills, Trusts or Probate Lawyer in Vermont
What Vermont requires for a valid will, when probate applies, how estate lawyers charge, how to check a lawyer's license, and free help. We do not recommend or rank lawyers.
What a lawyer costs in Vermont: fee rules
| Rules on contingency fees | Under Vermont Rule of Professional Conduct 1.5(c), a contingent fee agreement must be in a writing signed by the client stating how the fee is determined, including the percentage(s) for settlement, trial or appeal; litigation and other expenses deducted from the recovery; and whether expenses are deducted before or after the fee is calculated. It must clearly notify the client of expenses owed whether or not the client prevails, and at the end the lawyer must give a written statement of the outcome and, if there is a recovery, the remittance and how it was determined. Rule 1.5(d) bars fees in domestic relations matters contingent on securing a divorce or on the amount of spousal maintenance, support or property settlement (contingent fees are allowed for collecting post-judgment maintenance, property division or child support arrearages if the court approves the fee agreement as reasonable), and contingent fees for defending a criminal case. |
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| If you disagree with a lawyer's bill | The Professional Responsibility Program does not mediate, arbitrate or resolve fee disputes, though it reviews complaints that a fee is unreasonable. The Vermont Bar Association has a Committee for the Arbitration of Fee Complaints; contact the Vermont Bar Association at 802-223-2020 for how to file. The committee will not review a fee dispute while a complaint is pending with Bar Counsel or Disciplinary Counsel. |
Vermont rules to know first
| Requirements for a valid will | A person who is 18 or older (or emancipated by court order) and of sound mind may make a will. The will must be in writing and signed by the testator, or by another person in the testator's presence at the testator's express direction, in the presence of two or more credible witnesses. The witnesses must attest and sign the will in the testator's presence and in each other's presence. A gift to a witness (or the witness's spouse) is voidable unless there are two other competent witnesses. Military wills prepared under federal law are also valid. |
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| Small estate affidavit | Vermont does not use an out-of-court collection affidavit. Instead, a small estate (fair market value of $45,000 or less, consisting entirely of personal property, with no real estate other than a time-share) may be opened in the Probate Division by filing a petition, a list of interested persons, the filing fee, an original death certificate, an inventory, an affidavit of paid and outstanding funeral expenses and debts, a bond without surety equal to the estate's value, and the will, if any. Interested persons who do not consent in writing have 14 days after notice to object; if none object, the court approves the fiduciary and any will without a hearing. If the estate turns out to be worth more than $45,000 at death, the fiduciary must ask the court to administer it as a regular estate. Source: 14 V.S.A. §§ 1901-1903 |
| How probate works | 1) Anyone holding a will must deliver it within 30 days after learning of the death, to the Probate Division or to the named executor. 2) The executor (or other applicant) files a petition to open the estate with the death certificate in the probate unit where venue lies. 3) The court allows the will and issues letters after any required bond. 4) Notice to creditors is given under the probate rules. 5) File an inventory within 60 days after appointment. 6) File an account within one year after letters issue, and annually after that until the estate is settled. 7) Obtain tax clearance from the Department of Taxes, pay claims, and distribute. |
Find and check a lawyer
| Lawyer referral service | The Vermont Bar Association's Lawyer Referral Service provides referrals at no cost to you; participating attorneys provide up to a 30-minute initial consultation for no more than $25. Call 1-800-639-7036 and give brief information about you and your legal needs, and the service will try to match you with a qualified attorney. People who cannot afford a lawyer will be directed, if possible, to another public service program or human service agency. |
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| Check that the lawyer is licensed | The Vermont Judiciary (which licenses Vermont attorneys under Administrative Order 41) publishes a list of all attorneys in good standing, showing each attorney's renewal year; licenses expire June 30 of the renewal year listed. A Certificate of Good Standing certifies that an attorney is not suspended or disbarred and is current on licensing fees and CLE. Disciplinary history can be requested free from AttyLicensing@vtcourts.gov. |
| Check discipline history or file a complaint | The Vermont Supreme Court's Professional Responsibility Program reviews complaints that an attorney violated the Rules of Professional Conduct. A complaint must be in writing or by email and should state what the attorney did that should not have been done, or failed to do that should have been done, focusing on facts; send copies, not originals. Email JUD.PRPComplaints@vermont.gov or mail Professional Responsibility Program, 32 Cherry Street, Suite 213, Burlington, VT 05401; questions 802-859-3000. A copy goes to the attorney, and Screening Counsel reviews it and may close it, refer it to Disciplinary Counsel for investigation, or refer it to a non-disciplinary assistance panel. On record checks, the Program discloses only whether a lawyer has ever been reprimanded, suspended, disbarred or formally charged; otherwise it will not confirm or deny that a complaint was filed. |
Free legal help
| Free legal aid | Vermont Legal Aid and Legal Services Vermont work together to provide free civil legal help to low-income people who live in Vermont; eligibility depends on income and assets, and they cannot help everyone. Apply or leave a message on the legal helpline at 1-800-889-2047 (Monday 8-1, Tuesday 12:30-7, Wednesday 8-1, Thursday 12:30-7, per the site). The Vermont Judiciary's Access and Resource Center offers free statewide help (not legal advice). LSC lists Legal Services Vermont as its Vermont grantee. LSC grantee list: https://www.lsc.gov/about-lsc/our-grantees |
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All legal help in Vermont · Do I need a lawyer?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.