Probate Fees NSW: The Complete 2025/2026 Cost Breakdown
Probate Fees NSW: The Complete 2025/2026 Cost Breakdown
The first question most executors ask is: how much is this going to cost the estate? The answer depends entirely on which path you take — DIY, solicitor, or NSW Trustee. The difference between paths isn't a few hundred dollars. For a mid-sized estate, it can be $10,000 or more.
Here's what probate actually costs in New South Wales in 2025/2026, with no omissions.
Supreme Court Filing Fees (2025/2026 Schedule)
The Supreme Court of NSW charges a filing fee based on the gross value of the estate's NSW assets at the date of death. Property held as joint tenants and assets outside the jurisdiction are excluded from this calculation.
| Gross Value of NSW Estate | Supreme Court Filing Fee |
|---|---|
| Less than $100,000 | Nil (fee waived) |
| $100,000 to less than $250,000 | $921 |
| $250,000 to less than $500,000 | $1,250 |
| $500,000 to less than $1,000,000 | $1,918 |
| $1,000,000 to less than $2,000,000 | $2,555 |
| $2,000,000 to less than $5,000,000 | $4,258 |
| $5,000,000 or more | $7,099 |
These fees are updated annually, typically at the start of the financial year. The figures above apply from 1 July 2025.
Fee waivers on hardship grounds exist but require thorough documentary evidence of financial distress. They are not routinely granted.
Other Mandatory NSW Probate Costs
The court filing fee is the largest single cost, but not the only one. A complete self-represented probate application for a typical estate includes:
| Item | Cost |
|---|---|
| Notice of Intended Application (NSW Online Registry) | $57 |
| Notice of Intended Distribution (NSW Online Registry) | $57 |
| Standard Death Certificate (NSW BDM) | $68 |
| Priority Death Certificate (if needed urgently) | $101 |
| Certified/sealed copy of the Grant from the Supreme Court | $177 |
| Notice Amendment (if a typographical correction is needed) | $22 |
For an estate valued at $400,000, a self-represented executor's total out-of-pocket costs run approximately $1,400 to $1,600, depending on whether they order additional certified copies of the Grant for multiple institutions.
Land Registry Fees for Property Transfers
If the estate includes real property, transferring the title triggers further NSW Land Registry Services (NSW LRS) fees. The 2026/2027 regulated fees are:
| Document | Context | LRS Customer Fee |
|---|---|---|
| Notice of Death (Form 02ND) | Joint tenants — property passes by survivorship, no probate required | $182.73 |
| Transmission Application (Form 03AE or 03AD) | Sole owner or tenants in common — probate required | $182.73 |
Property transfers in NSW must be lodged through the PEXA electronic conveyancing network. Executors cannot access PEXA directly — they must engage a licensed conveyancer or solicitor who will charge separately for this step. Conveyancer fees for a transmission application typically range from $500 to $1,200 depending on the firm.
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What a Private Solicitor Charges
If you engage a solicitor to handle the probate application on your behalf, their fees for obtaining the Grant are regulated under Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015 (NSW). These "scale fees" apply to the grant-only work — not to the broader estate administration.
The formula: a base fee plus an amount for every $1,000 of estate value above the lower threshold. For an estate between $150,000 and $1,000,000, the base is $1,670 plus $4.47 per $1,000 over $150,000.
To illustrate:
| Estate Value | Solicitor Scale Fee (approx) | Plus GST | Plus Court Filing Fee |
|---|---|---|---|
| $200,000 | $1,893 | $189 | $921 |
| $500,000 | $3,235 | $323 | $1,250 |
| $750,000 | $4,352 | $435 | $1,918 |
For a $500,000 estate, engaging a solicitor costs the estate approximately $5,800 all up — compared to roughly $1,500 for a self-represented application using the same Supreme Court forms.
These are scale fees for the grant only. If you also want the solicitor to handle post-grant estate administration — calling in assets, paying debts, handling property transfers — expect additional hourly charges on top.
NSW Trustee and Guardian: The Most Expensive Option
Many grieving families default to the NSW Trustee and Guardian out of perceived convenience. This is worth understanding clearly before making that decision.
The NSW Trustee charges commission on the gross capital value of the estate — the entire estate, not just the assets they unlock. Their current commission scale:
- 4.4% on the first $100,000
- 3.85% on the next $100,000
- 3.3% on the next $100,000
- 2.75% on the remainder up to $1,000,000
For a $500,000 estate, the capital commission alone is approximately $14,300. Add their income commission (6.6% of any income the estate earns during administration) and any investment management fees, and the total cost can easily exceed $15,000 to $18,000 for a straightforward estate — more than ten times what a self-represented executor pays.
The NSW Trustee's advantage is that they absorb all the administrative burden. Whether that's worth $14,000 to $18,000 on a $500,000 estate is a decision each family must make.
The Real Cost of Getting It Wrong
Processing times for uncontested probate applications in NSW average 60 to 83 business days. If a requisition is issued — a formal demand for correction — the clock stops and restarts after your response is assessed. Common requisition triggers include improperly certified documents, missing aliases, staples removed from the original Will, and affidavits that fail to comply with Practice Note SC Gen 23 (the court's prohibition on AI-drafted content).
Each requisition adds weeks to the process and may require filing a supplementary affidavit, which takes time and, if you use a solicitor for it, additional fees. Avoiding requisitions through careful preparation is the most cost-effective thing an executor can do.
Where the DIY Path Saves Real Money
On a $500,000 estate, the fee comparison looks like this:
| Path | Approximate Total Cost |
|---|---|
| Self-represented (DIY) | $1,500 – $1,800 |
| Private solicitor (scale fees + GST + court) | $5,500 – $6,000 |
| NSW Trustee and Guardian | $14,000 – $18,000 |
The cost of a comprehensive guide to help you navigate the process yourself is a rounding error against any of these figures — and the guide's cost is reimbursable from estate funds once the Grant is issued.
The New South Wales Probate Process Guide walks through every form, every fee, and every deadline with plain-English explanations — including exactly how to calculate the gross NSW estate value to make sure you're paying the correct filing fee tier.
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