Probate Fees

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.

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 2023):

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

$863

$250,000 or more but less than $500,000  

$1,171

$500,000 or more but less than $1,000,000

$1,797

$1,000,000 or more but less than $2,000,000

$2,394

$2,000,000 or more but less than $5,000,000

$3,991

$5,000,000 or more

$6,652

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 2023:

Value Of Estate For Probate

Filing Fee

Less than $100,000 

Nil

 $100,000 or more, but less than $250,000

$863

$250,000 or more, but less than $500,000

$1,171

$500,000 or more, but less than $1,000,000

$1,797

$1,000,000 or more, but less than $2,000,000

$2,394

$2,000,000 or more, but less than $5,000,000

$3,991

 

$5,000,000 or more

$6,652

Important:

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:

  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

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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Mary Wyrley
Mary Wyrley
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Graeme, Michael and the counsel they chose have been incredible. My family will dispute has been incredibly difficult and very acrimonious. Heckenberg have been helpful, supportive and always gave me realistic, honest advice about all possible outcomes. The outcome has been fantastic and I get to keep my home. Thank you
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
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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
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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
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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 .!
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Graeme is trustworthy and thorough. His charges were reasonable and easily understood. The team was considerate and helpful.
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.
Helen
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Let me take this opportunity to thank you both for your professionalism, assistance and patience in this matter. Helen
Elaine Ivan
Elaine Ivan
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Graeme, Thank you to you and your staff for taking on my case in regards to the estate of my dad Walter Etchells against my brother Robert Etchells. I am happy with the outcome as the amount is a lot more and fairer than Robert wanted. Thanks again for all the work you all put into this and for me receiving the settlement amount sooner than I thought I would. Regards Elaine Ivan
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