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.
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
Less than $100,000
$100,000 or more but less than $250,000
$250,000 or more but less than $500,000
$500,000 or more but less than $1,000,000
$1,000,000 or more but less than $2,000,000
$2,000,000 or more but less than $5,000,000
$5,000,000 or more
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
Not exceeding $30,000
Plus $13.33 for each $1,000 up to $30,000
Exceeding $30,000 but not exceeding $150,000
Plus $5.90 for each $1,000 in excess of $30,000
Exceeding $150,000 but not exceeding $1,000,000
Plus $4.47 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but not exceeding $3,000,000
Plus $1.66 for each $1,000 in excess of $150,000
Exceeding $3,000,000 but not exceeding $5,000,000
Plus $1.10 for each $1,000 in excess of $1,000.000
Exceeding $5,000,000 but not exceeding $10,000,000
Plus $0.90 for each $1,000 in excess of $5,000,000
Our professional costs exclude GST and any disbursements, including but not limited to property valuations, court notices, advertising and filing fees.
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.
The application for Probate to the Supreme Court includes the following:
- a Death Certificate
- the Will (including codicils)
- the Probate
- a Summons for Probate signed by a Legal Practitioner
- an Inventory of Property detailing the Deceased Person’s Assets and Liabilities
- an Affidavit from the Executor
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.