Probate 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:

  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

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

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

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

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. 

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Jane Araneda
Jane Araneda
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Thanks to Graeme, Blaise and their team at Heckenberg Lawyers for helping us finalise our matter in a timely manner. They were always very helpful and professional. They took care of everything very well, which meant that there was no added stress on me and my family. Jane A.
Kim Pink
Kim Pink
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I found Heckenberg Lawyers to be very professional and knowledgeable. Graeme took the time and explained the entire process to me. He was never pushy nor was he just after "his cut" as so many other practices are. He was at all times looking out for the best interest of the estate and not wanting it to be eaten. I found his staff to be extremely thorough and attentive. I would have no hesitations to recommend this practice if you want the best outcome possible.
Donna Hodges
Donna Hodges
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Blaise was extremely professional in assisting with all matters to do with my fathers estate and probate. She made an extremely complex process very easy to understand and instilled great confidence at a difficult personal time for our family.
Sonja Psaroudis
Sonja Psaroudis
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If you need legal representation in a matter to do with Wills & Estate law I highly recommend Graeme, Blaise and the whole team at Heckenberg. Their knowledge and expertise in this area of the law was a huge comfort at a very difficult time, saving all parties involved time and money in the long run. Thanks again .!
Olma Mignacca
Olma Mignacca
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Graeme is trustworthy and thorough. His charges were reasonable and easily understood. The team was considerate and helpful.
Samuel Burns
Samuel Burns
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As the executor of an estate, I engaged Graeme and his team to handle a family provision claim and probate matter. I found Graeme to be professional and knowledgeable. Throughout the entire process, Graeme treated all parties involved with respect. He was always willing to take my concerns onboard and never pushy. Highly recommended.
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