How Much Does Probate Cost in NSW?
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When Is Probate Necessary Under NSW Law?
Probate is usually necessary in the following cases:
- The deceased held real estate solely or as tenants in common with someone else.
- The deceased held a large amount of money in an Australian bank, and the bank requires a grant of probate before releasing the money.
- The deceased held a superannuation or life insurance policy payable to the “Legal Personal Representative”.
- There is a dispute over the will or the executor.
- There is a family provision claim made under the Succession Act 2006 (NSW).
Whether an estate requires probate depends on the circumstances.
Calculating the Total Cost of Probate in NSW
Probate costs vary, but generally fall into three costs:
- Court filing fees
- Legal fees
- Additional out of pocket expenses, otherwise referred to as disbursements.
NSW Supreme Court Filing Fees for Probate Applications
The Supreme Court probate fee is a fee charged by the Supreme Court when a probate application is filed.
The NSW probate fee is calculated based on the value of the estate.
As at the date of writing, the NSW probate filing fee 2024 schedule of fees prescribes a scaled fee ranging from $0 for estates under $100,000 up to $2,571 for estates over $1m.
Current Court filing costs for NSW probate can be found using the link below –
https://supremecourt.nsw.gov.au/practice-procedure/filing-fees.html
Costs for Legal Representation
In NSW, the fees charged by a solicitor for preparing and lodging a probate application are regulated by Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015.
The legal costs must not exceed the prescribed amount.
However, it is important to note that the prescribed fee only covers the work on the probate application itself and does not cover additional work that may be required before or after the probate application.
For example, the work involved in administering the estate, such as collecting assets, paying debts, defending claims, and distributing the estate in accordance with the terms of the will, will usually incur additional fees.
The total probate solicitor fees in NSW will depend on the size, nature, and complexity of the estate and the estate administration.
Additional Fees and Expenses
There may also be additional fees to the court filing fee and solicitor costs.
Additional probate costs in NSW may include:
- Fees charged by the NSW Online Registry for publishing formal notices.
- Property valuation fees.
- Document certification fees.
- Postage fees.
Can Probate Costs Be Recovered from the Estate?
Yes, probate-related expenses are valid estate expenses and payable by the estate.
If estate funds are not readily accessible at the time of probate, the executor may need to pay the fees up front, but can recover probate costs from the estate once the estate holds sufficient assets to reimburse the cost.
An executor should keep all receipts and records in case they are asked to justify an expense by the court or beneficiary later.
Need Assistance with Probate in NSW? We’re Here to Help!
If you have been named executor and would like help with a probate application, or are wondering how much for probate in Sydney and who pays for the probate costs, call Empower Wills and Estate Lawyers today on 1300 414 844 to speak with a NSW probate lawyer.
Get expert guidance to avoid unnecessary legal costs and ensure prompt estate distribution.
Empower Wills and Estate Lawyers are probate lawyers experienced in probate administration and can help confirm whether probate is required, help with a probate application, or help to administer an estate (including small estates). Contact us now for advice.
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Disclaimer: the information in this article relates to NSW law as at the date it was written and is general information only. It does not constitute legal advice and should not be relied upon as legal advice. It may contain information or links to sources that are no longer current. If you have a question or legal issue, we recommend you contact a lawyer and obtain legal advice that takes into account your specific facts, circumstances, needs and objectives.
Inheritance. Your Way.
- No win no fee*
- Highly reviewed
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Inheritance. Your Way.
- No win no fee*
- Highly reviewed
- Will dispute experts
Frequently Asked Questions
How much does probate cost in NSW?
Probate costs will depend on the size, nature, and complexity of the estate.
There is no average cost of probate in NSW.
Who pays the probate fees?
Probate fees are estate expenses and are payable by the estate.
However, where the estate funds are not readily accessible, the executor may need to pay the fees up front and seek reimbursement from the estate once the estate holds sufficient assets to reimburse the cost.
What is the current Supreme Court filing fee for probate in NSW?
The probate filing fee is a fee charged by the Supreme Court when a probate application is lodged. The filing fee for probate NSW is calculated based on the value of the estate.
Current Court filing fees can be found using the link below –
https://supremecourt.nsw.gov.au/practice-procedure/filing-fees.html
Can I recover legal costs from the estate?
In NSW, the fees charged by a solicitor for the preparation and lodgement of the probate application are regulated by Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015. Fees in relation to probate must not exceed the prescribed amount. These fees are estate expenses and recoverable from the estate.
Legal costs incurred in administering the estate are also estate expenses and recoverable from the estate.
However, in some cases, the executor may ask their lawyer to perform additional work which is not directly relevant to the probate application or estate administration, such as advising the executor in their personal capacity on ways to secure a larger share of the estate. The executor should only use estate assets to pay legitimate estate expenses.
Are there ways to reduce probate costs?
Ways to reduce probate costs include:
- Applying for probate and administering the estate without the assistance of a lawyer, or engaging a lawyer to perform specific tasks. However, this could expose the executor to personal liability.
- Reducing the net value of the deceased estate, but this usually requires the deceased to divest themselves of assets before they die, which could give rise to other risks such as tax liabilities or leave the deceased without adequate financial resources as they age.
- Holding assets in discretionary trusts, avoiding the assets from being subject to and passing through probate after a person dies.
Is probate always required in NSW?
Probate is not always required in NSW.
Whether probate is required will depend on the size and nature of the estate.
