How Much Does Probate Cost in Australia?

A 1-minute check

Not sure where you stand? Answer four short questions for a plain-English read on whether this estate is likely to need probate.

Take the check

Probate in Australia costs in two parts: the court filing fee charged by the Supreme Court probate registry, and any professional fees if you engage a solicitor. The filing fee ranges from a few hundred to a few thousand dollars depending on the state and the value of the estate. A solicitor handling the application typically charges a few thousand dollars on top. Doing the application yourself avoids the professional fees entirely.

Applying in QLD? See the grant of probate in Queensland guide — fees, forms and process.

This guide breaks down each cost, how filing fees work in each state, when a solicitor is worth the spend, and the smaller fees that often surprise executors. Specific filing-fee figures change each financial year — always check the current scale on the relevant Supreme Court registry website before applying.

The two main costs of probate

Strip everything else away and probate has two cost layers:

  • The court filing fee — payable to the Supreme Court when you lodge your application. Every state charges one. Most states scale the fee to the gross value of the estate, so a small estate pays a few hundred dollars and a large one pays several thousand. This is unavoidable whether you apply yourself or hire a solicitor.
  • Professional fees — only if you engage a solicitor or trustee company. Common pricing models are a fixed fee for the application, an hourly rate, or a percentage of the estate. This is the cost you avoid by applying as a personal applicant.

Everything else — advertising the application, certified copies, courier fees — adds up to a few hundred dollars at most.

How the court filing fee works state by state

Each Supreme Court sets its own probate filing fee, usually as a sliding scale based on the gross value of the estate. The structure is similar everywhere — small estates pay a base fee, larger ones pay progressively more — but the bands and amounts vary widely. The official scales are published on each court’s website:

As a working assumption: a modest estate often pays a few hundred dollars in filing fees; a sizeable estate with a home and investments can pay a few thousand. NSW tends to be the highest end of the scale for larger estates. Always check the current published fee on the registry’s own website before relying on a number.

Solicitor fees vs. doing it yourself

The biggest variable in what probate costs you is whether you engage a solicitor. There are three common pricing models:

  • Fixed fee — a set price for preparing and lodging the application, often in the range of a few thousand dollars for a straightforward estate. Predictable and usually the best value if the estate is simple.
  • Hourly rate — common where there is any complexity or dispute. Costs add up quickly if issues arise.
  • Percentage of the estate — sometimes used by larger firms and trustee companies. Can become very expensive on a large estate; worth checking whether you are paying a percentage on assets that did not require much extra work.

Doing it yourself as a personal applicant means you only pay the court filing fee and a few minor costs. For a straightforward estate that saving runs to several thousand dollars. For a complex or contested estate, a solicitor’s fee usually pays for itself by avoiding mistakes that cost more later.

Other costs to expect

Beyond the filing fee and any professional help, executors usually meet some smaller costs:

  • Advertising the application — most states require you to publish a notice of intention to apply. Many courts now run this through their own website for a small fee, replacing the older newspaper notice.
  • Death certificate copies — typically you will need several certified copies of the death certificate to give to banks, super funds, share registries and the land titles office.
  • Certified copies of documents — usually free at Australia Post for the original signing, but additional copies and JP services for the affidavit add up.
  • Property valuation — if real estate is part of the estate, you may need a written valuation, which can run a few hundred dollars per property.
  • Bank and asset-holder fees — some institutions charge an estate-handling fee when releasing funds, though these are usually small.

How to keep probate costs down

A handful of decisions account for most of what probate ends up costing:

  • Check whether you even need a grant first. Small estates and assets held jointly often do not need probate at all. Ask each bank and asset holder before assuming you have to apply.
  • If the estate is straightforward, apply yourself. The court fee is the same whether you have a solicitor or not — what you save is the professional fee.
  • If you do hire a solicitor, get a fixed-fee quote. Avoid open-ended hourly billing on a simple estate.
  • Get the application right the first time. Each requisition (the court asking you to fix something) slows the process down and, if you have a solicitor, adds to the bill.

When the cost of a solicitor is worth paying

There is no virtue in doing probate yourself if your situation is one of these:

  • Disputes between beneficiaries, or any signal of a family provision claim.
  • An insolvent estate, where the order you pay creditors in matters and you can be personally exposed.
  • Complex assets — a business, a family trust, foreign assets, multiple properties.
  • Any question over the will’s validity.
  • No will combined with a complicated family.

For any of those, the solicitor’s fee is buying you protection from mistakes that cost more than the fee itself.

Frequently asked questions

How much is the probate filing fee in Australia?

The filing fee is set by each Supreme Court and scales to the value of the estate. A small estate often pays a few hundred dollars; a larger estate can pay several thousand. The exact figure depends on the state and the financial year — check the current scale on the relevant court’s website.

Who pays for probate?

Probate costs are paid from the estate, not personally by the executor. Most asset holders will not release funds before a grant issues, so executors usually pay the filing fee up front and are reimbursed from the estate once the grant comes through. Keep all receipts.

Is doing probate yourself really cheaper?

For a straightforward estate, yes — significantly. The court filing fee is unavoidable either way, but skipping a solicitor saves the professional fee, which typically runs into the thousands. For a complex or contested estate, a solicitor’s fee usually pays for itself.

Can probate costs come out of the estate before tax?

Yes. Reasonable costs of administering the estate, including the filing fee and professional fees, are paid from the estate before what remains is distributed to beneficiaries.

What if the estate cannot afford the filing fee?

Most Supreme Courts allow you to apply for a fee waiver or reduction in cases of financial hardship, or to defer the fee against the estate. Contact the registry to ask about the process in your state.

If it would help

If you are applying for a grant yourself, the Complete Executor’s Handbook covers probate and the rest of the estate step by step, in one place.

Get the Complete Handbook (A$79)Or get the free checklist

The Executor’s Guide provides plain-English, practical information for executors and administrators in Australia. It is general information, not legal or financial advice, and does not account for your specific circumstances. Fees and figures change — always check current rates on the relevant Supreme Court registry website. For advice about your situation, consult a qualified legal practitioner.

Similar Posts

Leave a Reply

Your email address will not be published. Required fields are marked *