Probate Filing Fees in NSW
Probate Filing Fees in NSW
Losing a loved one is never easy. If you have been appointed executor, one of your first responsibilities will be applying for probate with the Supreme Court of New South Wales.
Part of this process involves paying probate filing fees in NSW, which depend on the gross value of the estate. These fees are reviewed every year on 1 July, so it’s important to work with the latest schedule published by the Court.
Understanding Probate in NSW
Probate is the Court’s formal approval of a will and the executor’s authority to act. Without a Grant of Probate, many institutions, such as banks or share registries, will not release assets.
The filing fee is calculated on the gross value of the estate. This includes assets in New South Wales such as bank accounts, real estate, shares, and accommodation bonds. Assets outside NSW or jointly owned property are disclosed but not included in the calculation.
Superannuation and life insurance are generally excluded unless they are paid directly to the estate.
2025/26 NSW Supreme Court Filing Fee Schedule
For probate applications filed on or after 1 July 2025, the following fees apply:
| Estate Value (Gross) | Filing Fee |
| Under $100,000 | No fee |
| $100,000 – $250,000 | $921 |
| $250,000 – $500,000 | $1,250 |
| $500,000 – $1,000,000 | $1,918 |
| $1,000,000 – $2,000,000 | $2,555 |
| $2,000,000 – $5,000,000 | $4,258 |
| Over $5,000,000 | $7,099 |
These fees are GST-exempt and must be paid when lodging your probate application with the Court.
Additional Court Notices and Charges
Executors are also responsible for publishing certain notices through the NSW Online Registry:
- Notice of Intended Application – $57. This must be published at least 14 days before filing the probate application.
- Notice of Intended Distribution – $57. This is optional but recommended before distributing assets to protect the executor from later claims.
- Notice amendment – $22 if you need to correct or republish.
These other charges are modest compared to the filing fee, but they are essential steps in the process.
Legal and Professional Costs
In addition to Court fees, executors often engage a solicitor to prepare the probate application. These professional fees are regulated under Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015 (NSW). For example:
- Estates up to $30,000 – $560 plus $13.33 per $1,000.
- $30,000 – $150,000 – $960 plus $5.90 per $1,000.
- $150,000 – $1,000,000 – $1,670 plus $4.47 per $1,000.
These fees cover the work involved in preparing and filing the application but not the wider estate administration.
Who Pays and How Reimbursement Works
Probate costs, including Court fees, notice fees, and solicitor’s fees, are expenses of the estate. Executors usually pay them upfront, but they are reimbursed from estate funds once assets are collected. If there are no liquid funds available at the start, your solicitor can advise on short-term solutions, such as advancing funds temporarily until assets can be realised.
Step-By-Step Guide to Lodging a Probate Application
- Calculate the gross estate value – Prepare an inventory of assets to find the correct fee band.
- Gather required documents – You will need the original will, any codicils, and the official death certificate.
- Publish the Notice of Intended Application – File it through the NSW Online Registry and wait the required 14 days.
- Prepare and lodge the probate application – Include the will, affidavit of executor, inventory of property, and filing fee.
- Wait for the Grant of Probate – Once issued, you can collect assets, pay debts, and, if prudent, publish a Notice of Intended Distribution before paying beneficiaries.
This process typically takes several weeks. Timeframes can vary depending on the Court’s caseload.
Frequently Asked Questions
Who actually pays the fees?
The executor is responsible for paying the filing fee at the time of lodgement. However, you are entitled to recover these amounts from the estate before distributing assets. In practice, beneficiaries ultimately bear the cost because it is deducted from estate funds. Executors should keep clear records of payments and reimbursements to avoid disputes later.
Are solicitor fees the same as the Court’s filing fee?
No. The Court’s probate court filing fees are government charges based on estate value. Solicitor’s fees are professional costs regulated by law. These cover the preparation and lodgement of the application and are separate from the Court’s fee. Both are payable by the estate, but only the Court fee is unavoidable if you lodge without legal help.
What does ‘gross value’ of the estate mean?
Gross value refers to the total value of all NSW assets held solely by the deceased (or their share of co-owned assets). If the deceased owned a house in Sydney worth $900,000 and had $50,000 in bank accounts, the gross estate value would be $950,000. This would place it in the $500,000–$1,000,000 fee band. Jointly owned property passes automatically to the surviving co-owner and is excluded.
Are both notices required?
The Notice of Intended Application is mandatory. It ensures creditors and interested parties are aware of the pending probate application. The Notice of Intended Distribution is optional. Publishing it can protect the executor from personal liability if an unknown claim arises after the estate is distributed. Many executors choose to publish it as a safeguard.
How often do filing fees change?
The Supreme Court updates its probate fee schedule annually on 1 July. Executors should always check the current schedule before lodging, as fees rise incrementally each year. Using last year’s schedule could result in an incorrect payment and a delay in the application being processed.
Probate filing fees in NSW vary according to the estate’s gross value, and additional costs apply for required notices and professional fees. The good news is that these expenses are reimbursed from the estate, not borne personally by the executor.
Dealing with probate can be complex, but clear guidance will help you manage timelines and avoid costly mistakes. Talk to us at Nash Allen Williams & Wotton for tailored advice on your probate matter and to ensure your application runs smoothly.
