Few legal costs are as misunderstood as probate. The good news for executors and families: probate costs in NSW are unusually predictable, because both main components are set by published scales.
Cost 1: The Supreme Court Filing Fee
The Supreme Court charges a filing fee for probate and administration applications on a sliding scale based on the gross value of the NSW estate — small estates below the bottom threshold pay no filing fee at all, and the fee steps up through value bands from there. The fees are indexed and updated (typically each July), so check the current schedule on the Supreme Court of NSW website or ask us — we quote the exact figure once the estate's value is known.
Cost 2: Solicitor Costs — Regulated by Law
Here is what most people don't know: solicitors' costs for obtaining a NSW grant are regulated by a statutory scale under the legal profession legislation, calculated on the disclosed value of the estate. A solicitor cannot simply charge whatever they like for the grant work. The scale covers obtaining the grant itself; administration work after the grant (collecting assets, transfers, distributions) is charged separately and should be quoted clearly.
Who Actually Pays?
The estate pays. Proper legal costs of obtaining the grant and administering the estate are paid from estate funds before distribution — the executor does not pay from their own pocket, and most firms (ours included) defer payment until estate funds are available.
What Adds to the Cost?
- Requisitions — court queries caused by errors or gaps in the application; avoidable with careful preparation
- Complications — informal or damaged Wills, missing witnesses, intestacy, or assets overseas
- Disputes — a family provision claim changes the matter entirely; defending it is separate litigation
- Property sales and transfers — conveyancing on estate property is its own defined work
Can You Do Probate Yourself?
Yes, self-represented applications are possible — and for very simple estates some executors manage. The trade-offs are time, requisition risk, and personal exposure if administration steps (like distribution timing) are done wrong. Given that proper solicitor costs come from the estate rather than the executor personally, most executors conclude the protection is worth it.
Get a Real Quote, Not a Range
Because both scales key off the estate's value, we can give you a precise figure — filing fee plus professional costs — at the first consultation once you bring the approximate asset values. Fixed fees are available for standard grants.
Want the exact number for your estate?
Free first consultation with a clear written quote — and the estate, not you, pays the proper costs. (02) 9633 3122.
General information only, not legal advice. Court fees and scales change — always confirm current amounts.
Need legal advice? James Papas Solicitors offers free first consultations for all Probate & Deceased Estates matters. Our offices are in Parramatta and we serve all of Western Sydney. Learn more about our Probate & Deceased Estates services → or contact us today.