Law Plus If you've been named as the executor of a will, one of the first practical questions you'll face is: how much is this going to cost? The honest answer is that probate costs vary considerably — by state, by the size and complexity of the estate, and by whether you engage a lawyer. This guide explains the main cost components so you know what to expect and what questions to ask.
What is probate?
Probate is a grant from the Supreme Court of your state or territory that confirms a will is valid and gives the executor legal authority to deal with the deceased person's assets. Banks, share registries and the land titles office typically require a grant of probate before they will release or transfer significant assets. Without it, an executor often simply cannot access the estate.
Applying for probate involves lodging documents with the court — the original will, a death certificate and detailed affidavits about the estate's assets and liabilities — and, in most states, publishing a notice of intention to apply. The court then reviews the application and, if everything is in order, issues the grant.
Costs vary from state to state
There is no single national probate fee. Each Supreme Court sets its own filing fees, and they differ between Victoria, New South Wales, Queensland and the other states and territories. In most jurisdictions the court fee also scales with the gross value of the estate — a modest estate attracts a lower fee, while a large estate attracts a higher one. Some states charge a flat fee for smaller estates and only begin scaling above a threshold.
Because these fees are revised from time to time, we deliberately don't quote dollar figures here. Before lodging an application, check the current fee schedule on the website of the relevant Supreme Court — for example, the Supreme Court of Victoria, the Supreme Court of NSW or the Supreme Court of Queensland — or ask your lawyer to confirm the current figure for your estate's value.
The typical cost components
Most probate applications involve three broad categories of cost:
- The court filing fee. Paid to the Supreme Court when the application is lodged. As noted above, it varies by state and usually scales with the estate's value.
- Legal fees. If you engage a lawyer to prepare and lodge the application, their professional fees will depend on the complexity of the estate. A straightforward estate with a clear will and easily identified assets is usually at the lower end; estates with missing documents, unclear wills, overseas assets or disputes cost more. Many firms offer fixed-fee probate applications for straightforward estates, so ask for a written quote before you commit.
- Advertising and notice costs. Most states require a public notice of the executor's intention to apply for probate, published through an approved online notices service or newspaper. This is a modest but unavoidable expense in most jurisdictions.
On top of these, there can be incidental costs such as obtaining certified copies of the death certificate, property valuation fees and searches of asset registers.
What affects the total cost?
The factors that most commonly push costs up or down include the value of the estate (which drives the court fee), the number and type of assets, whether the will is clear and up to date, whether any beneficiary is likely to challenge the will, and whether assets are held interstate or overseas — which can require a separate application or a "reseal" of the grant in another jurisdiction. Delays in locating the original will or obtaining the death certificate can also add to legal fees.
When probate isn't needed
Not every estate requires probate. Assets owned jointly — such as a family home held as joint tenants or a joint bank account — usually pass automatically to the surviving joint owner. Superannuation and life insurance with a valid binding nomination are paid directly to the nominated beneficiary and sit outside the estate. And for small estates, some banks and institutions will release modest balances without a grant, at their discretion. If the only significant asset is jointly held, probate may be unnecessary altogether.
Getting a clear answer for your situation
Because costs depend on the state, the estate and the will itself, the fastest way to get a reliable figure is to ask. Our probate and estate administration lawyers can review the will and the estate, tell you whether probate is actually required, and give you a written, fixed-fee quote before any work begins.