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.
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 2020 are the following:
Other fees may apply including:
Lodging a Caveat against a Grant or Reseal = $46 for an individual
Summons for Revocation of a Grant = $1160
Contest a Probate matter – Summons or Statement of Claim = $1160
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 = $48
Scan or Photocopy of a Will = $63
Sealed & Certified copy of a Will or Grant (Exemplification) including file retrieval fee = $147
Deposit a Will with the Court for safekeeping = $136
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).
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 email@example.com 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.