Rule 3.1 - Waiver of Filing Fee and Service Costs; Compensation of Appointed Counsel(a) Motion. Any person who commences a probate proceeding may, without fee, file a motion in the court in which such proceeding is commenced to waive the filing fee and service costs. The motion shall be accompanied by an affidavit setting forth (i) the source and monthly amount of any public assistance which is received by the movant, (ii) the amount of monthly income received from any other source by the movant, (iii) any nonexempt assets owned by the movant and (iv) the monthly expenses necessarily incurred for the support of the movant and all persons who are dependent uponthe movant. The motion and affidavit shall be made on forms furnished by the court administrator. (b)Waiver of Filing Fee and Payment of Service Costs. The court shall order the register to waive the filing fee for economic cause and to accomplish service of notice or other papers, if (i) the affidavit sets forth that the movant is a recipient of any kind of public assistance or is a person whose gross income is at or below 150% of the poverty income guidelines for nonfarm families established under the Community Services Act of 1974, or (ii) if the court finds that the movant is unable to pay either the filing fee or the costs of service without expending household income or liquid resources necessary for the maintenance of the movant and all dependants. Service shall be accomplished by the least expensive method consistent with due process. Payment of the costs of service of all papers after the commencement of the action shall be the responsibility of the party on whose behalf they are served. (c) Costs; Reimbursement. The court in its discretion may tax any or all fees waived or costs paid under subdivision (b) of this rule as costs against any party or all parties in favor of the state, or may approve their payment to the state as a charge upon the estate that is the subject of the proceeding, if the court finds that any party to be taxed or estate to be charged is able to pay such fees or costs under the standards of subdivision (b) of this rule. The motion to be filed under subdivision (a) of this rule shall include an agreement to reimburse all fees or costs so waived or paid, if at any time during the pendency of the proceeding the movant becomes or is discovered to be financially able to make such reimbursement under the standards of subdivision (b) of this rule. If any party becomes liable to pay or reimburse fees or costs under this subdivision, the register shall deduct the amount of the payment or reimbursement from any distribution subsequently made to that party. The register shall proceed by execution or action to recover all fees or costs that any party or estate becomes liable to pay or reimburse under this subdivision, if payment or reimbursement is not deducted from a distribution or made voluntarily upon demand. (d) Denial of Motion. If a motion to waive the filing fee and service costs is denied, the register shall forthwith serve a notice of filing of the denial and a statement that the entry fee must be paid within thirty days or the proceeding will be subject to dismissal. Failure to pay the filing fee within thirty days of the date the denial is entered shall be ground for dismissal of the proceeding by the court or on motion of a party. (e) Compensation of Appointed Counsel in Involuntary Guardianship Proceedings. The court shall approve payment of reasonable compensation from respondent's estate to counsel appointed to represent a respondent in a petition for involuntary guardianship in accordance with 14 V.S.A. § 3065(c) unless the court finds that the respondent (i) is a recipient of any kind of public assistance or is a person whose gross income is at or below 150% of the poverty income guidelines for nonfarm families established under the Community Service Act of 1974, or (ii) is unable to pay the attorney's fees and costs without expending income or liquid resources necessary for the maintenance of the respondent and all dependents. Added June 27, 1995, eff. 9/5/1995; amended June 12, 2020, eff. 8/18/2020.Reporter's Notes-2020 Amendment
Rule 3.1 is amended to eliminate ambiguous, inconsistent, or obsolete language, including the time-honored but unspecific label "in forma pauperis," and to simplify the process. It incorporates applicable provisions of simultaneous amendments made to V.R.A.P. 24 and V.R.C.P. 3.1.