Probate Costs *Please note that this information is current as at 1 January 2019 and may be subject to change when legislation is updated.
There are two main probate costs involved in obtaining a Grant of Probate, Grant of Letters of Administration or Reseal of Grant. These costs include the filing fee payable to the Supreme Court of NSW and solicitor’s professional costs associated with obtaining the Grant.
Probate Costs – Filing Fees 2019 (NSW)
The fee for filing an application for a Grant of Probate, Grant of Letters of Administration or Reseal of a Grant is set out in Schedule 1 of the Civil Procedure Regulation 2012 and is calculated in accordance with the gross value of the assets of the estate held in NSW.
The filing fee is payable to the Supreme Court upon filing of the application for a Grant.
The filing fees are set out below and are correct as at 11 July 2019:
| Value of Estate Assets | Filing Fee |
| Less than $100,000 | Nil |
| $100,000 or more but less than $250,000 | $761 |
| $250,000 or more but less than $500,000 | $1,033 |
| $500,000 or more but less than $1,000,000 | $1,583 |
| $1,000,000 or more but less than $2,000,000 | $2,109 |
| $2,000,000 or more but less than $5,000,000 | $3,515 |
| $5,000,000 or more | $5,860 |
Probate Professional Costs
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 Application Act 2014 (the Act). The Act 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 at 1 January 2017:
| Disclosed Value of Assets | Costs Payable |
| Not exceeding $30,000 | $560
Plus $13.33 for each $1,000 up to $30,000 |
| Exceeding $30,000 but not exceeding $150,000 | $960
Plus $5.90 for each $1,000 in excess of $30,000 |
| Exceeding $150,000 but not exceeding $1,000,000 | $1,670
Plus $4.47 for each $1,000 in excess of $150,000 |
| Exceeding $1,000,000 but not exceeding $3,000,000 | $5,470
Plus $1.66 for each $1,000 in excess of $150,000 |
| Exceeding $3,000,000 but not exceeding $5,000,000 | $8,800
Plus $1.10 for each $1,000 in excess of $1,000.000 |
| Exceeding $5,000,000 but not exceeding $10,000,000 | $11,000
Plus $0.90 for each $1,000 in excess of $5,000,000 |
| Exceeding $10,000,000 | $15,500 |
Our professional costs exclude GST and any disbursements, including but not limited to property valuations, court notices, advertising and filing fees.
Reimbursement of Costs from Estate
The filing fee and solicitor’s professional costs associated with obtaining a Grant can be properly reimbursed from the Estate’s assets prior to any distribution, after the Grant has been issued by the Court.
Once a Grant has been issued by the Court, the estate needs to be administered and distributed. Our costs in relation to this process are based on an hourly rate and vary in accordance with the complexity of each estate.
If you would like further information on our probate and administration services, call us today on (02) 9221 2779 or email us at info@hecken.com.au to make an appointment with our expert legal team.