Probate fees in 2026: NSW and Victoria court fees by estate value, and how Queensland and WA differ

For applications filed from 1 July 2026, the Supreme Court of NSW charges no fee for estates under $100,000 and then a scaled fee up to $7,399 for estates of $5 million or more; an estate worth $500,000 to under $1 million pays $1,999. The Supreme Court of Victoria charges nothing for estates under $250,000 and then a scaled fee up to $17,770.80 for estates of $7 million or more; an estate worth $500,000 to under $1 million pays $1,088. Both courts also charge a small fee for the compulsory online notice. Queensland and Western Australia do not scale their fees by estate value in the same way, so check their current fee lists. Lawyers' fees are separate from all of these.

Fees are set by regulation and generally rise each 1 July. The figures below come from the courts' published fee schedules for 2026–27.

NSW probate filing fees from 1 July 2026

The fee is based on the sworn gross value of the estate, as shown in the inventory of property filed with the summons.

Other NSW probate fees in the 2026 schedule include $59 to publish an online notice of intended application, notice of intended distribution or notice of intention to file accounts, $23 to amend and republish a notice, and $169 to deposit a will with the court for safe keeping. Lodging a caveat costs $57 for individuals, and a summons to contest a probate matter costs $1,443 for individuals ($3,949 for corporations).

Victorian probate fees from 1 July 2026

Victoria calculates the fee on the gross value of Victorian assets only, so property in other states is not counted (but may need its own grant or a reseal there).

Victoria's other 2026–27 Probate Office fees include $38 to post a notice of intention to apply for a grant on RedCrest-Probate, $354 to file a caveat, and $285 for the Probate Office to prepare an application for a small estate.

Queensland and Western Australia

• Queensland: applications are made to the Supreme Court of Queensland, and a notice of intention to apply must be published before filing. The filing fee does not climb steeply with the estate value as in NSW and Victoria. Check the current amount on the Queensland Courts fee list before you file.
• Western Australia: applications are made to the Supreme Court of WA, generally through its electronic filing system. WA also has a simplified procedure for small estates handled by the Principal Registrar (the Administration Act 1903 refers to estates not exceeding $10,000). Check the current fee and the threshold that applies.
• Other states and territories: SA, Tasmania, the ACT and the NT each set their own fees. Check the relevant Supreme Court website.

The steps and their costs

1. Find the original will and get the death certificate.
2. Value the estate at the date of death: bank balances, real estate (a market appraisal or valuation), shares, vehicles and personal effects, less nothing (the fee uses gross value).
3. Publish the online notice before filing: at least 14 days before in NSW (NSW Online Registry), and in Victoria at least 15 days before applying, as the Supreme Court of Victoria's guide states (RedCrest-Probate).
4. File the application with the original will, an affidavit and the inventory, and pay the filing fee for the value band.
5. Receive the grant, then collect assets, pay debts and tax returns, and distribute.
6. Publish a notice of intended distribution (NSW) or the equivalent notice, and wait out the family provision period before distributing, to protect yourself as executor.

Worked example: two estates (illustrative)

Estate A, NSW: a home worth $780,000 in the deceased's sole name, $45,000 in bank accounts and a car worth $15,000. Gross value $840,000, so the fee is $1,999, plus $59 for the online notice. Using the estate administration cost estimator with an assumed 1.2% for professional fees ($10,080) and $2,500 of disbursements, total administration costs are about $14,640.

Estate B, Victoria: a jointly owned home (which passes to the surviving joint owner and is not part of the estate), $160,000 in a bank account and shares worth $70,000. Gross value of the estate's Victorian assets: $230,000, which is under $250,000, so the filing fee is $0 and only the $38 notice fee applies.

Can you avoid probate?

Sometimes. Assets owned as joint tenants pass to the survivor without a grant. Super paid under a binding nomination to a dependant does not go through the estate. Banks and share registries may release small amounts without a grant on the basis of a death certificate and an indemnity; each institution sets its own limit. Land in the deceased's sole name almost always needs a grant. Avoiding a grant is not always cheaper if an institution later demands one.

FAQ

Is the fee based on net or gross value?

Gross value. Debts, including a mortgage, are not deducted when choosing the fee band in NSW or Victoria.

Who pays the probate fee?

The executor pays it at filing and is reimbursed from the estate. If the executor uses a lawyer, the fee is usually charged as a disbursement on the bill.

Can the court fee be waived?

Both courts have waiver or postponement rules, for example for people in financial hardship or on legal aid. Ask the registry and read the court's fee waiver guidelines.

How long does a grant take?

It varies with registry workloads and whether the application has problems such as a missing original will or an unusual signature. Allow several weeks at minimum after filing.

Sources

• Supreme Court of NSW — schedule of fees from 1 July 2026 and online probate notices
• Supreme Court of Victoria — Probate Office fees, 1 July 2026 to 30 June 2027
• Queensland Courts — probate applications and current fees
• Supreme Court of Western Australia — probate procedures and fees
• Related: overview of costs, intestacy rules, family provision time limits