Executor’s guide

How much does probate cost in NSW?

A plain English guide to the court fees, legal costs and other expenses of administering an estate in New South Wales, updated for the 2026 to 2027 fee year.

The short answer. For a typical NSW estate there are three main costs:

  1. The Supreme Court filing fee, from nil for estates under $100,000 up to $7,399 for estates of $5 million or more.
  2. The solicitor’s costs for obtaining the grant, which are fixed by NSW regulation according to the value of the estate. For an estate worth $800,000, the scale works out at about $5,030 including GST.
  3. The costs of administering the estate after the grant, which depend on how much work the estate needs.

There are also smaller costs, such as the $59 online probate notice and $70 for a death certificate. In most cases, all of these are paid from the estate, not by the executor personally.

1. Supreme Court filing fees for 2026 to 2027

An application for probate (or letters of administration, where there is no valid will) is filed with the Supreme Court of NSW. The filing fee depends on the gross value of the estate that is sworn in the application. Fees are reviewed every 1 July. These are the fees from 1 July 2026:

Gross value of the estateFiling fee
Less than $100,000Nil
$100,000 to less than $250,000$960
$250,000 to less than $500,000$1,303
$500,000 to less than $1,000,000$1,999
$1,000,000 to less than $2,000,000$2,663
$2,000,000 to less than $5,000,000$4,439
$5,000,000 or more$7,399

Source: Supreme Court of NSW, filing fees as at 1 July 2026.

Because the fee steps up at each band, an estate just over a threshold pays noticeably more than one just under it. Assets that pass outside the estate, such as property owned as joint tenants (which passes automatically to the surviving owner) and most superannuation, are generally not part of the estate. That is one reason good estate planning can reduce probate costs.

This surprises many people: in New South Wales, the legal costs a solicitor can charge for obtaining a grant of probate or letters of administration are fixed by regulation. The scale is set out in Schedule 3 of the Legal Profession Uniform Law Application Regulation 2025, and is based on the value of the assets disclosed in the application. A solicitor may charge less than the scale, but not more.

Value of the estateFixed costs for obtaining the grant (before GST)
Up to $30,000$560, plus $13.33 for each $1,000
$30,000 to $150,000$960, plus $5.90 for each $1,000 over $30,000
$150,000 to $1,000,000$1,670, plus $4.47 for each $1,000 over $150,000
$1,000,000 to $3,000,000$5,470, plus $1.66 for each $1,000 over $1,000,000
$3,000,000 to $5,000,000$8,800, plus $1.10 for each $1,000 over $3,000,000
$5,000,000 to $10,000,000$11,000, plus $0.90 for each $1,000 over $5,000,000
Over $10,000,000$15,500

Source: Legal Profession Uniform Law Application Regulation 2025 (NSW), section 22 and Schedule 3, Part 2. GST may be added. Court fees and other disbursements are extra.

3. Worked examples

Here is how the court fee and the regulated legal costs add up for two typical estates, before any administration work:

$400,000 estate$800,000 estate
Supreme Court filing fee$1,303.00$1,999.00
Legal costs for the grant$1,670 plus $4.47 per $1,000 over $150,000$2,787.50$4,575.50
GST on legal costs$278.75$457.55
Online probate notice$59.00$59.00
Total to obtain the grant$4,428.25$7,091.05

Illustrative only. Each estate is different, and other disbursements may apply.

4. Administering the estate after the grant

The grant of probate is only the first stage. Once it is granted, the executor still needs to collect the assets, pay the debts and expenses, deal with any property, finalise tax matters and distribute the estate. The regulated scale does not cover this work, so the cost depends on what the estate involves. A single bank account and a few shares is very different from an estate with a house to sell, a family business or a disagreement between beneficiaries.

Ask for a fixed fee quote for the work you want done. Under the Legal Profession Uniform Law, your solicitor must give you written disclosure of how costs will be charged and an estimate of the total. Many executors choose to handle some tasks themselves and have their solicitor manage the rest, which can reduce the cost.

For comparison, if NSW Trustee and Guardian is appointed executor, its published executor fee is a percentage of the estate: 4.4% on the first $300,000, 3.85% on the next $300,000, 2.75% on the next $150,000 and 1.65% on amounts over $750,000 (including GST, minimum $520).

Source: NSW Trustee and Guardian, our fees, July 2026.

5. Other costs to budget for

  • Online probate notice: $59. The notice must be published at least 14 days before the application is filed.
  • Death certificate: $70 from NSW Registry of Births, Deaths and Marriages.
  • Transferring real estate: a NSW Land Registry Services fee to record the executor or beneficiaries on the title, plus conveyancing if the property is sold.
  • Valuations: where a property, business or collection needs to be valued.
  • Accountant’s fees: for the deceased’s final tax return and any estate returns.
  • Certified copies of the grant: $79 for an exemplification of an electronic grant, if an institution needs one.

6. Who pays?

The reasonable costs of administering an estate, including court fees and legal costs, are generally paid from the estate itself, not by the executor personally. In practice, many costs are paid once the bank accounts and other assets are released after the grant. We can wait to be paid until estate funds are released.

7. When you may not need probate at all

According to the Supreme Court, there is no requirement to obtain probate in every case. You may not need a grant if:

  • All the assets were owned jointly as joint tenants, so they pass to the surviving owner.
  • The estate is small, and the bank or other asset holder agrees to release the funds without a grant. Each institution sets its own limit and process.
  • The main assets are superannuation and life insurance, which generally do not form part of the estate (depending on the fund or policy).

A short conversation with a solicitor early on can confirm whether a grant is needed, and avoid an unnecessary application.

8. Five ways to keep the cost down

  1. Find the original will quickly. A missing original creates extra work. Check with the solicitor who prepared it; it may be in safe custody.
  2. Make a list early. Assets, debts, account numbers, super funds and insurance policies. The more organised the information, the less time the work takes.
  3. Don’t distribute anything yet. Executors can be personally liable if they distribute too early and a claim or debt emerges later.
  4. Ask for a fixed fee. Know the cost of the administration work before it starts.
  5. Plan your own estate. How you hold your assets and how your will is drafted can make your own estate simpler and cheaper to administer.

9. How long it takes

StageTypical timing in NSW
Online probate noticeAt least 14 days before filing
Grant of probateOften under three weeks from filing, if the Registry has no questions
Notice of intended distributionDistribute no sooner than 30 days after it is published
Earliest safe distributionGenerally not before 6 months after the date of death
Family provision claimsMust be made within 12 months of the date of death
A simple estate, start to finishAbout 7 to 12 months

Sources: Supreme Court of NSW; Chief Justice’s statement on probate processing, 19 November 2025; NSW Government guide to acting as an executor; NSW Trustee and Guardian.

Need help with an estate?

We help executors across Sydney’s northern suburbs and the Central Coast with probate and estate administration, with as much or as little support as you need. Start with a free initial phone call, then receive a clear plan and a written quote.

Sources

This guide is general information only, current at the date of publication, and is not legal advice. Fees change every 1 July. Please get advice about your particular estate before acting.

All guides