HOW TO TRANSFER PROPERTY TITLE IN AUSTRALIA

Probate solicitor fees in NSW are regulated under Schedule 3 of the Legal Profession Uniform Law Application Regulation 2015. For a $500,000 estate, regulated professional costs are approximately $5,380 plus GST. Supreme Court filing fees for the same estate are $1,918. Total probate costs for a straightforward estate of this value are typically $7,000 to $10,000, paid from the estate before distribution.

From 1 July 2025, NSW Supreme Court probate filing fees range from nil (for estates under $100,000) to $7,099 (for estates over $5,000,000). For example, an estate valued at $500,000 to $999,999 attracts a filing fee of $1,918. Fees are reviewed annually, typically from 1 July each year.

Probate costs in NSW include three main components: regulated solicitor professional costs (based on estate value under the Legal Profession Uniform Law Application Regulation 2015), Supreme Court filing fees (from $921 to $7,099 depending on estate size), and disbursements such as notices, death certificates, and property valuations. All costs are payable from the estate.

You are not legally required to use a probate solicitor in NSW. However, the probate application process involves strict procedural requirements and detailed documentation. Errors cause delays and additional costs. Most executors benefit from professional assistance, particularly for large, complex, or disputed estates. Solicitor costs are paid from the estate, not personally by the executor.

A straightforward probate application in NSW typically takes 6 to 12 weeks from the time the solicitor is instructed to the time the Grant is issued. This includes 2 to 6 weeks to prepare the application and 3 to 6 weeks for the Supreme Court to process it. Complex or contested estates can take significantly longer.

A reseal of probate is an application to the NSW Supreme Court to recognise and give legal effect in NSW to a Grant of Probate obtained in another Australian state, territory, or recognised overseas jurisdiction. It avoids the need for a fresh probate application in NSW and allows the executor to deal with NSW assets under the authority of the resealed Grant.

Probate is the process for validating a will and confirming the executor’s authority to administer the estate. Letters of administration are required when the deceased died without a valid will (intestate), or when the named executor cannot or will not act. Both require an application to the NSW Supreme Court and involve similar costs and processes.

Only the executor named in the deceased’s will can apply for probate in NSW. If the deceased died without a will, or the executor cannot act, an administrator is appointed through the letters of administration process. The administrator is typically the next of kin.

Yes. Many probate solicitors, including CMI Legal, offer fixed-fee probate services for straightforward applications. A fixed fee provides certainty about the total cost before work begins. For complex, contested, or unusual estates, fees may be assessed on an hourly rate basis. Always request a written cost disclosure before engaging a probate lawyer.

The cost for a solicitor to execute a will in NSW, or the cost for a solicitor to execute a will, depends on the complexity of the estate. For straightforward estates, probate solicitor fees are regulated under the Legal Profession Uniform Law Application Regulation 2015. For complex or contested estates, hourly rates apply. All costs are paid from the estate before distribution.

The cost of making a will with a solicitor in NSW varies depending on the complexity of the estate and the number of documents required. A straightforward will for a single person or couple is typically prepared at a fixed fee. More complex arrangements, such as testamentary trusts or blended family structures, attract higher costs. Contact CMI Legal for a quote based on your circumstances.