When a person passes away with a will in NSW, their executor/s appointed under the will usually require a Grant of Probate to deal with the deceased’s assets. If a person dies without many assets or only joint assets, a Grant of Probate may not be required. If a Grant of Probate is required, an application must be made to the Supreme Court of NSW. Typically, executors choose to seek assistance from a legal professional to help with the probate process.
Discounted Probate Fees
At Eleven Legal, we recognise that the fee scale set out below can make applying for probate quite expensive for an estate. For this reason, we typically offer the following discounts for our fee component for assets within NSW. If you wish us to provide you an exact pricing, please reach out to us:
- · If the value of the estate exceeds $3 million, we will apply a 25% discount;
- · If the value of the estate exceeds $4 million, we will apply a 35% discount;
- · If the value of the estate exceeds $5 million, we will apply a 40% discount; and
- · If the value of the estate exceeds $6 million, we will apply a 45% discount.
What is probate?
Probate is the legal process by which a deceased person’s will is proven. Where an application is not contested or complex, the Court will grant probate once it is satisfied that the will is valid and all necessary information has been provided. Once probate has been granted, the executor has the legal authority to manage the deceased person’s estate and distribute their assets according to the terms of the will.
How much does probate cost in NSW?
Costs associated with obtaining a grant of probate mainly fall into two categories:
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- The filing fees payable to the Court; and
- Legal fees payable to your legal professional if you choose to engage one.
Probate Filing Fees
Probate filing fees are charged by the Court for granting probate. They are calculated based on the total value of the deceased person’s estate, including any property, cash, investments, and other assets the person owned at the date of their death. The fees cover the costs of the Court’s administration of the probate process, including the time and resources required to process probate applications. It is important to note that the Court’s probate filing fees are subject to change, therefore, it is a good idea to visit the Court’s website here for the most up-to-date information regarding their fees.
As of May 2023, the Court probate filing fees are as follows:
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- For estates valued at $100,000 or less, there is no fee to apply for probate;
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- For estates valued at $100,000 or more, but less than $250,000, the fee is $802;
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- For estates valued at $250,000 or more, but less than $500,000, the fee is $1,088;
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- For estates valued at $500,000 or more, but less than $1,000,000, the fee is $1,669;
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- For estates valued at $1,000,000 or more, but less than $2,000,000, the fee is $2,224;
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- For estates valued at $2,000,000 or more, but less than $5,000,000, the fee is $3,707; and
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- For estates valued at $5,000,000 or more, the fee is $6,179.
Legal Fees
In the process of obtaining probate, legal fees are also payable to your lawyer if you choose to engage one. Probate legal fees are regulated by Schedule 3 of the Legal Profession Uniform Law Application Regulations 2015 (‘The Regulations’). These fees typically exclude GST and any disbursements, including but not limited to court notices, property valuations and advertising fees. The Regulations are in place to stop legal professionals from over-charging when assisting with probate applications.
The current scale of legal fees for probate applications is as set out below:
Based on the gross value of estates
| Exceeding | Not exceeding | Costs payable | Plus | For each | In excess of |
| $30,000 | $560 | $13.33 | $1,000 | $0 | |
| $30,000 | $150,000 | $960 | $5.90 | $1,000 | $30,000 |
| $150,000 | $1,000,000 | $1,670 | $4.47 | $1,000 | $150,000 |
| $1,000,000 | $3,000,000 | $5,470 | $1.66 | $1,000 | $1,000,000 |
| $3,000,000 | $5,000,000 | $8,800 | $1.10 | $1,000 | $3,000,000 |
| $5,000,000 | $10,000,000 | $11,000 | $0.90 | $1,000 | $5,000,000 |
| $10,000,000 | $15,500 |
GST is additional
It is important to note that the above scale can change.
At Eleven Legal, there are certain circumstances in which we may reduce the scaled legal fees, for example, where an estate does not have many assets and the assets are simple to deal with.
Overall, probate filing fees and legal fees can be a significant expense for estates, especially for those with higher values. This is why we usually discount the above-scale fees, especially when the estate assets are significant.
Here at Eleven Legal, we can assist in the probate application process. Contact our team of lawyers at Eleven Legal today.
