How much does Probate cost in NSW?

Probate is an Order of the Supreme Court confirming that the deceased’s Will is valid. Whether or not you need a Grant of Probate depends on the type and value of assets held by the person at the time they passed away. To find out more about whether you need a Grant of Probate check our article is a grant of probate needed?

The Application for a Grant of Probate in NSW will be filed with the Supreme Court of NSW. For more information on the process of filing probate please see our Guide to Probate.

Professional Fees

> Application for Probate

The professional fees charged by Southern Waters Legal for the Application of Probate are dependant on the gross value of the Estate. This does not include any property or other assets which are owned jointly with another person. Our fees are calculated in accordance with Schedule 3 Part 1 of the Legal Profession Uniform Law Regulation NSW (2015).

The following scale brackets outline how our fees will be calculated for the Application of Probate (Stage 1).

> Realisation, Distributions and Finalisation

Following receipt of the grant of Probate, there may be professional fees charged for our time spent on the realisation of assets, payment of debts and publication of statutory notice to creditors. All fees will be disclosed when a cost estimate is issued for your matter.

Court Fees

When you submit an application for probate, a filing fee will be payable. This fee is set by the Supreme Court and is based on the value of the assets held by the Estate.  The fees will be the same regardless of if you choose to submit the probate yourself or if a lawyer does this on your behalf.

Probate Fees as at 1st July 2022 are the following:

3rd Party Fees

Other 3rd party fees may apply including:

  • InfoTrack Title Search
  • Land and Property Information lodgement fee of Transfer
  • Stamp Duty on Transfer
  • PEXA fee – Transmission direct to Executor/Beneficiary
  • Publishing an Online notice to apply for a Grant of Probate, Administration, or Reseal of a grant
  • Notice of intended Distribution or Intention to File Accounts

If you are the executor of an Estate and you are not sure where to begin please contact our office on 9523 5535 or email and speak to our team who can advise you on the best way to proceed. Once we have a clear idea on the value of the estate, Southern Waters Legal can provide you with a full cost estimate for filing probate.