Fixed Fees for Probate Applications

Fixed Fees for Probate Applications

We are required by Law to charge fixed fees, in respect of obtaining a first time grant of probate.

We have set out below, the scale costs that we are entitled to charge, according to the Clause 114 of the Legal Profession Regulation 2005 and Schedule 4 (Part 1) of same, in respect of the granting of probate (NSW figures shown).

Disclosed value of assets Costs payable
Not exceeding $30,000 $560 Plus $13.33 for each $1,000 up to $30,000
Exceeding $30,000 but not exceeding $150,000 $960 Plus $5.90 for each $1,000 in excess of $30,000
Exceeding $150,000 but not exceeding $1,000,000 $1,670 Plus $4.47 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but not exceeding $3,000,000 $5,470 Plus $1.66 for each $1,000 in excess of $1,000,000
Exceeding $3,000,000 but not exceeding $5,000,000 $8,800 Plus $1.10 for each $1,000 in excess of $3,000,000
Exceeding $5,000,000 but not exceeding $10,000,000 $11,000 Plus $0.90 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000 $15,500

We note that the above fixed fees cover all the legal work associated with obtaining probate, but not any legal services provided in respect of any other aspect of the administration of estates.

The standard process for obtaining the grant of probate will include:

  • initial consultation with the Executor/s of the Will;
  • obtaining instructions in relation to the matter and the proposed probate Application;
  • preparing all necessary notices and advertisements in respect of the proposed application for probate;
  • making necessary inquiries with the Supreme Court of New South Wales in relation to the application for probate;
  • preparing the necessary documentation to be submitted to the Supreme Court in respect of the proposed application for probate;
  • attending upon the Executor for the purposes of signing and witnessing the necessary application for probate;
  • filing the necessary documentation with the Supreme Court of New South Wales;
  • considering and responding to any requisitions raised by the Supreme Court of New South Wales, in respect of the application for a grant of probate.

Please note that we use our digital platforms and prefer emails and electrotonic delivery for conferences and documents.

Disbursements?

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Disbursements are the expenses that are incurred by us in the course of the matter.

In a standard Probate matter, disbursements normally include, amongst other things, payments made to third parties, for documents or services such the fees charged for the publication of any notice.

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