Wills, probate and divorce in Australia: what each step costs and which documents you need

The money side of wills, estates and separation in Australia comes down to a handful of documents and a handful of deadlines. A will costs little to make but can cost an estate tens of thousands of dollars if it is invalid or out of date. Probate in NSW and Victoria carries a Supreme Court filing fee that depends on the value of the estate, from nil for small estates to several thousand dollars for large ones (NSW: $1,999 for an estate worth $500,000 to under $1 million, for filings from 1 July 2026). Family provision claims must be made within strict state time limits. Superannuation usually passes outside the will, and a death benefit paid to an adult child is taxed. A property settlement after separation must be made within 12 months of a divorce taking effect or 2 years after a de facto relationship ends. This overview links to every guide in this section.

It is general information, not legal advice. Estate law is state and territory law; separation money matters are mostly federal.

Who makes the rules

Making a will: cost and what can go wrong

A will must be in writing, signed by the will-maker and witnessed by two adults who are present at the same time. A solicitor-drafted simple will is often offered for a fixed fee, and public trustees in several states will prepare a will, typically on the condition or expectation that they are appointed executor (check the terms). Will kits are cheap but are a common source of disputes. The cost difference only matters if something goes wrong: an invalid will may need a court application under the state's dispensing power, and the legal costs of that usually come out of the estate. Read what makes a will valid and when an informal will counts.

When someone dies: probate and the estate

The executor usually applies to the state Supreme Court for a grant of probate. Without a valid will, a family member applies for letters of administration, and the state's intestacy rules decide who inherits (intestacy by state).

Queensland and WA use different fee structures: see probate fees in NSW, Victoria, Queensland and WA. Professional fees for preparing the application and administering the estate are separate and vary widely. The estate administration cost estimator adds them up.

Contesting a will: family provision

Spouses, children and some other people can ask the court for provision, or more provision, from an estate. Time limits are short and differ by state: 12 months after death in NSW, 6 months after the grant in Victoria, and in Queensland notice within 6 months and proceedings within 9 months of death. NSW can also treat property outside the estate as notional estate. Read family provision claims and time limits.

Superannuation and tax

Super is not automatically part of the estate. The fund pays the death benefit to a dependant or the estate under its trust deed, guided by any valid binding death benefit nomination. A lump sum paid to someone who is not a death benefits dependant for tax purposes, such as an adult independent child, is taxed: the taxed element of the taxable component at up to 15% plus the Medicare levy if paid directly. Australia has no inheritance tax, but capital gains tax can apply when inherited assets are sold, with a 2-year window for an inherited main residence.

• Super death benefit tax worked example
• CGT on an inherited home and the 2-year rule

Planning for incapacity

An enduring power of attorney lets someone manage your finances if you lose capacity; a separate appointment covers health and lifestyle decisions. Each state has its own form and witnessing rules, so an old or interstate form may cause problems. Read enduring powers of attorney and guardianship by state.

Separation: divorce, property and children

Divorce itself only ends the marriage; it does not divide property. Property and super are divided by consent orders, a binding financial agreement or court orders under the Family Law Act 1975. Since 10 June 2025 the steps the court follows are written into section 79, and the effect of family violence must be considered. De facto couples are covered by the same Act (except in WA, where state law governs most de facto property matters). Child support is assessed separately by Services Australia.

• Family Law Act property changes from 10 June 2025
• De facto relationships, property and estates
• Divorce application and consent orders: steps, forms and fees

When to get professional advice

Get advice from a lawyer, Legal Aid or a community legal centre if the estate includes a business, a trust or overseas assets, if a family member may challenge the will, if a super fund has not paid as expected, if there is family violence, or if a property settlement includes significant super or debts. Many early questions can be answered free: see free legal help.

FAQ

Do I always need probate?

No. Small estates, or estates where everything is held jointly or passes by nomination, may not need a grant. Banks and share registries set their own limits for releasing money without one, and land registries generally require a grant to transfer land held in the deceased's sole name.

Is a separation enough to cancel my will?

No. Divorce revokes gifts to a former spouse in most states, but separation alone does not, and neither event changes a super nomination. Update both when you separate.

Are court fees the biggest cost?

Rarely. Court fees are set and modest compared with legal costs in a contested estate or property case, which can run into tens of thousands of dollars for each side.

Sources

• Federal Register of Legislation — Family Law Act 1975, SIS Act, Income Tax Assessment Act 1997
• NSW Legislation — Succession Act 2006, Probate and Administration Act 1898
• Victorian Legislation — Wills Act 1997, Administration and Probate Act 1958
• Supreme Court of NSW — probate fees and online notices
• Supreme Court of Victoria — Probate Office fees from 1 July 2026
• Federal Circuit and Family Court of Australia — divorce, consent orders and fees