Understanding Probate Lawyers NSW Costs and Fees
HOW MUCH DOES PROBATE COST IN NSW?
An application for a Grant of Probate is required in most circumstances where there is a will in place and the assets are needing to be distributed. The executor or trustee of the estate needs to bring the Application for Probate in the Supreme Court of NSW. The application is now completely on line and is an electronic based application that will require the Executor to sign documents outlining the assets and liabilities of the estate as well as attaching the Will and this needs to be sent in as an original copy after the application is confirmed by the Court.
The cost for Probate when a solicitor is assisting are set at a very specific scale fee as outlined by the Court and a solicitor should charge in accordance with the scale which is available on the Supreme Court website. The scale is based on the assets of the estate and the size of the estate itself and as a break down is as follows:
- Up to $30,000.00 – $560.00 in legal fees plus $13.33 for each $1,000.00 additional dollars.
- Over $30,000.00 up to $150,000.00 – $960.00 for solicitor fees plus $5.90 for each additional $1,000.00.
- Over $150,000.00 up to $1,000,000.00 – $1,670.00 for solicitor fees plus $4.47 for each additional $1,000.00.
- Over $1,000,000.00 up to $3,000,000.00 – $5,470.00 for solicitor fees plus $1.66 for each additional $1,000.00.
In addition to the Probate fees that are charged by your solicitor, there is also a filing fee. This filing fee increases depending again on the size of the assets in the estate.
For more information you can check out the Court website by googling Supreme Court NSW.
DO I NEED A LAWYER FOR PROBATE IN NSW?
No, you do not need a lawyer or solicitor to make an Application for Probate. However, the Probate application can be technically difficult and it needs to be lodged on line with certain documents witnessed or sworn by the Executor. It is therefore advisable that you consult a solicitor as soon as possible once you have obtained a copy of the death certificate for the person who has died and to see a lawyer who can provide you with a fixed fee quote for the Application for Probate which is set out by the Supreme Court plus the relevant filing fee for the application at the Court.  The fees in relation to the Application for Probate are payable by the estate not by the Executor.
More information about applying yourself can be found on the Supreme Court of NSW website.
Contact our team if you have any other questions about the Application for Probate or the process itself.
https://supremecourt.nsw.gov.au/wills-probate/applications/applying-for-probate.html
Our team do not charge an upfront fee for initial consultation for Probate. The consultation is free. Contact us if you would like us to apply on your behalf for a grant to ensure the process goes through smoothly and efficiently.
