Probate Costs & Solicitor Fees in NSW 2026 Guide

Introduction

When acting as an executor in New South Wales, a primary responsibility is to manage the expenses involved in finalising a deceased person’s estate. The costs associated with obtaining a Grant of Probate or Letters of Administration include a mandatory Supreme Court filing fee and professional legal fees, both of which are paid from the estate’s assets.

This article provides a clear breakdown of the probate costs in NSW. It explains how the court filing fee is calculated, what the regulated solicitor fees cover for obtaining the grant, and how these differ from the broader costs of estate administration.

Interactive Tool: See If You Need Probate & Estimate Your Filing Fees

Understanding Probate & When Executors Need It

Identifying When a Grant is Mandatory

A Grant of Probate is a formal order from the Supreme Court of New South Wales that validates a deceased person’s will. This legal document confirms the executor has the authority to manage the estate and distribute assets according to the will’s instructions. Without this grant, financial institutions will often refuse to release the deceased’s funds.

In NSW, obtaining a Grant of Probate is required in several specific situations. The nature and ownership of the estate’s assets determine whether the application is necessary. A grant is generally mandatory when the deceased person owned:

• Real estate in their sole name or as a ‘tenant in common’ with another person. This is needed to legally transfer the property title.
• High-value assets, such as significant bank account balances, shares, or bonds. Financial institutions typically require the grant before releasing these assets.

Certain assets do not form part of the estate and can be transferred without a Grant of Probate. Assets owned as ‘joint tenants’ automatically pass to the surviving owner. If there is no valid will, the process is different, and an application for Letters of Administration is required. The estate is then distributed based on the rules in the Succession Act 2006 (NSW) (‘Succession Act‘).

Time Limits & The Application Process

Executors in New South Wales must apply for a Grant of Probate within a specific timeframe. According to the Supreme Court Rules 1970 (NSW) (‘Supreme Court Rules‘), the application should be lodged within six months of the person’s date of death.

If an executor cannot meet this deadline, they must provide the court with a valid reason for the delay. This explanation is typically submitted in a sworn statement, sometimes called an Affidavit of Delay.

The first steps in the probate application process involve gathering key documents. Before an application can be filed, the executor must locate two essential items:

• The original copy of the deceased person’s will.
• The official death certificate, which can be ordered from the NSW Registry of Births, Deaths & Marriages.

Supreme Court Filing Fees for Your Estate

How the Court Calculates Filing Fees

When lodging an application for probate or letters of administration in New South Wales, a filing fee is payable to the Supreme Court of NSW. This court filing fee is calculated based on the gross value of the estate’s assets located within NSW.

The fee structure is prescribed by regulation, meaning the costs are fixed and not subject to discretion. This amount must be paid when the application is filed, regardless of whether a solicitor or an executor prepares the paperwork. These probate costs are a mandatory part of the estate administration process.

Current 2026 Fee Tiers for NSW

As of 1 July 2026, the Supreme Court of NSW sets its filing fees for uncontested probate applications on a sliding scale. The costs associated with obtaining the grant increase with the value of the estate.

The fee tiers are as follows:

• Estates less than $100,000: No filing fee
• $100,000 to $249,999: $960
• $250,000 to $499,999: $1,303
• $500,000 to $999,999: $1,999
• $1,000,000 to $1,999,999: $2,663
• $2,000,000 to $4,999,999: $4,439
• $5,000,000 or more: $7,399

In addition to the main filing fee, there is a separate charge for publishing the required online notice of intention to apply for probate. The cost for this notice is $59.

Regulated Solicitor Fees for Obtaining the Grant

The Statutory Scale for Legal Costs

In New South Wales, the professional costs for a solicitor to obtain an uncontested Grant of Probate or Letters of Administration are regulated. These fees are set by a statutory scale outlined in Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015 (NSW) (‘Uniform Law Application Regulation‘). This system provides a clear framework for the maximum fees a solicitor can charge for this specific stage of the estate process.

The scale operates on a tier-based system calculated according to the gross value of the estate assets in NSW. As the value of the estate increases, the prescribed fee also increases. This structure is intended to standardise costs for routine probate applications, ensuring a degree of predictability for executors.

What the Prescribed Fees Actually Cover

The fixed scale fees are designed to cover the specific professional services required to secure a Grant of Probate from the Supreme Court of NSW. These costs are for the legal work involved in preparing and lodging the application and do not include subsequent estate administration tasks, which are billed separately.

The services covered by the prescribed fees typically include:

• Taking instructions from the executor on obtaining the grant.
• Preparing all necessary Supreme Court documents, such as the Summons for Probate and the Affidavit of Executor.
• Publishing the required online notice of the intended application.
• Attending to the executor for signing of the court documents.
• Filing the application with the Supreme Court of NSW.
• Responding to any routine questions or requests from the court, known as requisitions.
• Reviewing the grant once it is issued and providing it to the executor.

Additional Estate Administration Costs & Disbursements

Post Grant Administration & Hourly Rates

Once the Grant of Probate is issued, any further work is considered part of the broader estate administration process. This post-grant work is not covered by the regulated scale fees and is usually charged on a time-cost basis or under a separate fixed-fee arrangement. This stage can vary significantly in complexity and duration from one estate to another.

The tasks involved in post-grant administration often include:

• Calling in and realising the estate’s assets.
• Managing the transfer or sale of real property.
• Corresponding with banks, share registries, and superannuation funds.
• Addressing beneficiary enquiries.
• Preparing the estate for final distribution to beneficiaries.

Common Disbursements & Tax Expenses

In addition to professional legal fees, an estate must cover various out-of-pocket expenses known as disbursements. These are third-party costs that a solicitor pays on behalf of the estate during the administration process. These costs are separate from the court filing fee and regulated solicitor fees.

Common disbursements can include:

• Advertising fees for notices, such as a Notice of Intended Distribution.
• Valuation fees to determine the market value of assets like real estate or shares.
• The cost of obtaining an official death certificate.

The estate may also incur accounting costs. These are particularly common where the deceased person had outstanding tax obligations or if assets are sold during the administration period, potentially triggering Capital Gains Tax. Tax returns may be required for the deceased up to their date of death and for the estate itself during the administration period.

The Impact of Disputes on Overall Costs

Disputes among beneficiaries or challenges to the will are the single largest factor that can drive up the costs of estate administration. When disagreements arise, the process can be significantly delayed, leading to a substantial increase in legal fees.

Issues that can increase costs include:

• Family provision claims, where an eligible person makes a claim for a share, or a larger share, of the estate.
• Challenges to the validity of the will, based on claims of incapacity, duress, or undue influence.
• Disagreements between beneficiaries about how the estate should be managed or distributed.

These conflicts often require mediation or court proceedings to resolve, which can materially reduce the final value of the estate that beneficiaries receive.

How Executors Can Manage & Pay These Costs

Reimbursing Expenses from the Estate

Executors are not expected to pay for the costs of probate or estate administration from their own funds. As a general rule, all reasonable expenses incurred during the process are paid from the deceased person’s estate. This includes:

• The Supreme Court of NSW filing fee;
• Professional legal costs; and
• Other related expenses.

These probate costs can be properly reimbursed from the estate’s assets before any distribution is made to the beneficiaries. This ensures that the financial burden of administering the estate in New South Wales falls on the estate itself, not on the individual appointed to manage it.

Claiming Executor Commission

Executors in NSW may be entitled to seek a commission for their time and effort in administering an estate. This payment is not automatic and is intended to compensate for the “pains and trouble” involved in the role, which can often be complex and time-consuming.

To receive a commission, an executor must either:

• Obtain agreement from all beneficiaries of the estate; or
• Apply to the Supreme Court of NSW for approval.

The amount of commission awarded depends on the complexity of the estate administration and the work performed by the executor.

Avoiding Personal Liability

Executors can be held personally liable for any unpaid debts or taxes if they distribute the estate’s assets prematurely. This financial risk often arises from procedural errors, such as:

• Failing to identify all liabilities; or
• Not obtaining tax clearance from the Australian Taxation Office before paying beneficiaries.

Mistakes made during the estate administration can lead to significant personal financial risk. Engaging professional legal assistance with estate administration from LawBridge helps ensure that all procedures are followed correctly, protecting the executor from personal liability and allowing the estate to be finalised efficiently.

Conclusion

Managing probate costs in New South Wales requires a clear understanding of the mandatory Supreme Court filing fee and the regulated solicitor fees for obtaining the grant. Executors must also account for separate estate administration expenses, which are billed differently and depend on the estate’s complexity.

Engaging professional guidance is the most effective way to manage these duties and protect yourself from personal liability. Contact our probate and estate administration lawyers at LawBridge for assistance with the entire process in NSW, as our team provides clear advice on all costs associated with finalising an estate.

Frequently Asked Questions