Probate.
Simply.
Your probate application will be prepared by an expert probate lawyer.
$1,495 + GST fixed professional fees.
No surprises.
Call 1300 20 20 80 to talk to one of our experts today.
What we do
Did you know that lawyers charge $6,459 on average to administer an estate?*
Most lawyers charge their legal costs based on a scale of fees prescribed by legislation that permits them to charge more based on the value of the estate, not necessarily because of the difficulty or complexity of the work.
Below are a couple of scale examples for you:
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For an estate valued at $1 Million, which in today's money is often the value of the family home, a lawyer charging their costs based on the scale of fees (which most of them do) will charge an estate $6,017 (including GST) to obtain a grant of probate.
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For an estate valued at $3 Million, a lawyer charging their costs based on the scale of fees (which most of them do) will charge an estate $9,680 (including GST) to obtain a grant of probate.
Sure, sometimes the complexity may sometimes increase with a higher estate value, but charging more just because you can doesn't sit right with us, so at Probate. Simply. we're doing things differently.
$1,495.00 + GST fixed fee probate with an experienced probate lawyer preparing your probate application for you.
If you're looking around and comparing prices online, make sure you also check whether other offerings will have an experienced probate lawyer working for you.
Probate. Simply. We're here to help.
Call us today on 1300 20 20 80 to talk to one of our experts.
Compare
Lawyers generally charge fees on a scale based upon the value of the estate. Below is a table that represents the savings available to you should you proceed with Probate. Simply. The higher the estate value, the greater the saving.
Other costs
The Supreme Court of NSW require the following costs to be paid prior to or upon lodging your probate application.
The costs are separate to our fixed fees of $,1495 + GST.
As at 1 July 2023 the required Supreme Court of NSW costs are as follows:
Online notice to apply for a grant of probate fee payable to the Supreme Court of NSW: $53.00
Prior to lodging the probate application you are required to lodge a notice in the Supreme Court of NSW advertising your intention to apply for a grant of probate. You are then required to wait for at least 14 days after the notice has been published before applying for the grant of probate so that any other person claiming the existence of another Will or otherwise challenging the current Will can be notified of your proposed probate application. The notice also serves to notify any creditors of the estate so that they may contact you in future.
Probate application filing fee payable to the Supreme Court of NSW: between $0.00 & $6,652.00
Similar to the 'scale of fees' that some lawyers charge for their professional costs, the Supreme Court of NSW also charge the estate filing fees based on the gross value of the estate. The breakdown is:
- Estate gross value less than $100,000 filing fee is $0.00.
- Estate gross value more than $100,000 and less than $250,000 filing fee is $863.00.
- Estate gross value more than $250,000 and less than $500,000 filing fee is $1,171.00.
- Estate gross value more than $500,000 and less than $1,000,000 filing fee is $1,797.00.
- Estate gross value more than $1,000,000 and less than $2,000,000 filing fee is $2,394.00.
- Estate gross value more than $2,000,000 and less than $5,000,000 filing fee is $3,991.00.
- Estate gross value more than $5,000,000 filing fee is $6,652.00.
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The deceased didn't leave a Will. Can I still obtain a grant of Probate?No. A grant of Probate can only be obtained where there is a Will. If the deceased died without a Will or did not give away all of their property under the terms of their Will, you will then need to obtain what is called a Grant of Letters of Administration (with or without the Will annexed). We can help with this too, but you'll need to get in touch with us separately to discuss your next steps and the work involved.
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Do I need to obtain a grant of Probate?This depends on the type of assets held by the Deceased and their value. If estate funds are held by a bank, the bank will generally require the grant of Probate to be provided to them prior to releasing funds. Sometimes where an estate bank account has only a low balance of a few thousand dollars, a bank may dispense with the requirement for a grant of Probate, but that is at the discretion of the bank. If the deceased held any interest in real property (land, a house, unit, etc) then a grant of Probate will always be needed to deal with that interest in New South Wales.
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What if the deceased's lawyer holds the original Will?Don't worry. We can assist with obtaining the original Will without the need for any awkward discussions or confrontations. We can assist with the preparation of an 'Authority to Release' document. Once you sign that document and we arrange for it to be sent to the lawyer that holds the original Will, together with the required identification documents, that other lawyer is obliged to send the original Will and any other documents they hold on behalf of the deceased to us. Simple.
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What is Probate?Probate is the process of proving the last Will of the deceased. This is done in the Supreme Court by making an application. If the Supreme Court is satisfied, they will provide a 'Grant of Probate'. The Grant of Probate proves to debtors, creditors or other people that need to deal with the estate that the executor named in the Will and the grant of Probate are the correct people to deal with.
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What about my poor lawyer? How are they going to pay for their ski holiday to Whistler this year if they don't get to charge the expensive 'scale' fees for my Probate matter anymore?Don't worry about your lawyer. They'll be just fine. Maybe this year they'll just have to settle for a week in Thredbo instead!
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What do I need before I can get started with a probate application?You will need the following before you can get started: Death Certificate from the Registry of Births, Deaths & Marriages. To know the whereabouts of the original Will of the deceased. Don't worry, you don't need to obtain the original just yet. We can help you to find and recover it.
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Why do lawyers charge so much for a grant of Probate?Lawyers generally charge costs on a scale based on the gross value of the estate assets. In New South Wales this scale is found under Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015. Whilst lawyers don't have to charge these costs as they are just an upper limit or maximum on what they are permitted to charge, they generally do charge based on this scale and the costs can run into the multiple thousands of dollars. See our 'Compare' section for more details.
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Will the lawyer charge additional fees beyond the 'scale' of fees?Generally, yes. In addition to the 'scale' of fees for obtaining a grant of Probate, a lawyer will also charge for all work associated with the closing of accounts, distribution to beneficiaries, etc. Depending on the number of assets and the number of beneficiaries, this could range anywhere between an additional $500 and $5,000.
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What do I do if I think the deceased left a Will, but I can't find it or don't know where to start looking?Don't worry, there are a number of avenues available to help you find the original Will, if you think it exists. This includes contacting all known former solicitors, banks, The Law Society, the NSW Public Trustee, etc. We can assist you with this process if required.
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I already have a lawyer acting on my probate application, but I'm not happy with them. Is it too late to change lawyers?This really depends on how far down the track the lawyer already is with your probate application and what the particular issue is that you are having with your lawyer. Sometimes you just need to talk the issues through with your lawyer to explain your concerns and set out your expectations. Feel free to give us a call and we can offer you guidance and talk you through your options.