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
Whether you decide to apply for probate yourself or you seek the help of a legal practitioner, filing fees will be the same. For this reason it makes sense to engage a lawyer who specialises in probate matters.
Where the probate application is uncontested, we will issue you a costs agreement that follows the schedule of filing fees listed above.
The majority of probate applications are uncontested, however, should the probate application be contested, we will issue a separate costs agreement that outlines our fees to defend a contested probate application on your behalf.
This is why it is important to seek help from a law firm like ours where we conduct extensive enquiries and due diligence that reduces the risk of a Will dispute. The work involved to perform this due diligence is covered by the probate filing fees listed above.
To understand the risks involved when you choose the wrong legal assistance for a probate application, visit our Probate Lawyers page.
If you’re an executor and you need to apply for probate, but you’re not sure where to start, Get In Touch with our Probate Lawyers for assistance. Your first consultation is free of charge and it will give you peace of mind and the confidence to navigate the process with expert advice.
The filing fees are set out below and are correct as of 1 July 2021:
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
Probate Professional Costs
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.