Probate Fees NSW | How Much Does Probate Cost In NSW?

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What is Probate?

Probate is the name of a court order that is granted by the Supreme Court of NSW.

Being granted probate confirms that:

• the will is valid
• the executor has permission to distribute the estate according to the will

 

However, you might not need to apply for probate if the person died without many assets.

Please contact us to get advice.

How much does Probate cost in NSW?

Probate costs in NSW include the filing fee and solicitor’s professional costs.

The filing fees are payable to the Supreme Court of NSW.

The professional costs are payable to your lawyer.

Probate NSW filing fees (as of 1 July 2021):

This is payable to the Court. Your lawyer will explain how.

According to the NSW Supreme Court, these are the probate filing fees:

Value of Estate Assets	Filing Fee
Less than $100,000	Nil
$100,000 or more but less than $250,000	$778
$250,000 or more but less than $500,000	$1,056
$500,000 or more but less than $1,000,000	$1,620
$1,000,000 or more but less than $2,000,000	$2,158
$2,000,000 or more but less than $5,000,000	$3,597
$5,000,000 or more	$5,996

Solicitor’s fees for Probate in NSW

Professional costs of obtaining a Grant of Probate, Grant of Letters of Administration or Grant of Reseal are regulated by Schedule 3 of the Legal Profession Uniform Law Application Regulations 2015 (‘The Regulations’). 

The Regulations scales the professional costs of obtaining a first time Grant or Reseal in accordance with the gross value of the assets of the estate held in NSW.

Schedule 3 is set out below and is correct as of 1 July 2021:

Disclosed Value of Assets	Costs Payable
Not exceeding $30,000	$560 Plus $13.33 for each $1,000 up to $30,000
Exceeding $30,000 but not exceeding $150,000	$960 Plus $5.90 for each $1,000 in excess of $30,000
Exceeding $150,000 but not exceeding $1,000,000	$1,670 Plus $4.47 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but not exceeding $3,000,000	$5,470 Plus $1.66 for each $1,000 in excess of $150,000
Exceeding $3,000,000 but not exceeding $5,000,000	$8,800 Plus $1.10 for each $1,000 in excess of $1,000.000
Exceeding $5,000,000 but not exceeding $10,000,000	$11,000 Plus $0.90 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000	$15,500

Important:

Our professional costs exclude GST and any disbursements, including but not limited to property valuations, court notices, advertising and filing fees. 

How do I apply for a Grant of Probate?

In NSW, when you apply for a Grant of Probate, the application must be filed with the Supreme Court of NSW. All matters concerning wills, estates and will disputes are dealt with by the Supreme Court.

There are some circumstances where you are not required to obtain probate and this will save you the application cost. To find out what circumstances probate is not required visit our Grant of Probate page.

What does an application for Probate include?

The application for Probate to the Supreme Court includes the following:

1. a Death Certificate
2. the Will (including codicils)
3. the Probate
4. a Summons for Probate signed by a Legal Practitioner
5. an Inventory of Property detailing the Deceased Person’s Assets and Liabilities
6. an Affidavit from the Executor

Do you need a solicitor for Probate in NSW?

You are not legally required to hire a lawyer to assist with Probate in NSW. But most people do.

Probate can be a very challenging and complicated process. This can be simplified by an experienced lawyer. Many law firms provide a range of legal services (e.g. family law, criminal law, conveyancing, etc.) But it’s usually better to hire a law firm that specialises in estate planning and contested Wills. Contact us here if you’d like a chat.

Learn more about our Probate services here.

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