One of the first questions executors and beneficiaries ask is how much probate and estate administration will cost. It is also one of the areas where misunderstandings most commonly arise.
Some estates are administered with relatively modest expense. Others become costly, even where the Will itself appears straightforward. The difference usually lies not in the value of the estate alone, but in its structure, the quality of the planning, and whether disputes or complications emerge.
This article explains the types of costs involved in probate and estate administration in New South Wales, who pays them, and why probate costs and administration costs should not be treated as the same thing.
Who pays estate costs?
As a general rule, the reasonable costs of probate and estate administration are paid from the estate, not by the executor personally.
This includes:
court filing fees,
legal costs properly incurred,
accounting and tax-related costs, and
reasonable expenses involved in collecting, protecting and distributing estate assets.
Executors are not expected to fund estate administration out of their own pocket, provided they act prudently and within their authority.
Supreme Court filing fees
Applying for probate or letters of administration attracts a filing fee payable to the Supreme Court of NSW. This fee is prescribed by regulation and calculated by reference to the gross value of the NSW estate.
The filing fee:
is fixed and non-discretionary,
must be paid at the time the application is lodged, and
applies regardless of whether the application is prepared by a lawyer or an executor.
Court filing fees are unavoidable, and can be a significant component of overall estate costs.
Legal costs – probate versus administration
A critical distinction is between:
the cost of obtaining the grant (probate or letters of administration), and
the cost of administering the estate after the grant.
These are separate stages, governed by different considerations.
Scale costs – what they actually cover
In New South Wales, legal costs for uncontested applications for a grant of probate or letters of administration are governed by a Supreme Court scale of costs.
That scale:
applies only to uncontested grants,
operates as a cap on legal fees for that specific work, and
is intended to standardise and limit costs for routine court applications.
In practice, most firms charge the scale amount as a fixed fee for obtaining an uncontested grant, as the work involved is relatively predictable.
Importantly, the scale does not apply to estate administration work after the grant is made.
Post-grant estate administration costs
Once probate or letters of administration have been granted, the scale no longer applies.
Post-grant administration commonly involves:
calling in and realising assets,
dealing with real property transfers or sales,
corresponding with banks, share registries and superannuation funds,
managing estate tax obligations,
responding to beneficiary enquiries, and
preparing for distribution.
The time and effort required can vary significantly between estates. For that reason, post-grant administration is usually charged:
Two estates with identical probate costs can therefore have very different overall administration costs.
Accounting and tax costs
Many estates incur accounting costs, particularly where:
the deceased had outstanding tax obligations,
assets are sold during administration, or
the estate generates income after death.
Tax returns may be required for:
Capital gains tax issues frequently arise, especially with investment properties, shares and other appreciating assets. These costs are often underestimated at the outset.
Executor’s commission
Executors are entitled to seek commission for their “pains and trouble” in administering an estate. Commission is not automatic.
In NSW, commission may be:
The amount depends on the complexity of the estate and the work involved. In more demanding estates, commission may be entirely appropriate. Transparency around commission reduces friction and misunderstanding.
The impact of disputes on cost
Disputes are the single largest driver of estate administration costs.
Family provision claims, challenges to the Will, and disagreements between beneficiaries can:
delay administration,
significantly increase legal fees,
require mediation or court proceedings, and
materially reduce what beneficiaries ultimately receive.
Even where costs are paid from the estate, disputes erode estate value.
Why “cheap probate” can be misleading
Low-cost probate offerings can be attractive, particularly at an emotionally difficult time. However, these services are often limited to the narrow task of filing an uncontested application.
They may not include:
advice on executor risk,
dealing with defects in a Will,
managing disputes,
coordinating tax advice, or
overseeing full estate administration.
When complications arise, costs can escalate quickly beyond the initial figure. Attempting to minimise upfront costs can, in some cases, lead to greater expense later.
Executor risk and cost control
Executors who attempt to administer estates without advice sometimes incur avoidable costs through:
In serious cases, executors may face personal liability. From a risk perspective, targeted advice at key stages is often more cost-effective than rectifying problems later.
Managing beneficiary expectations
Clear communication about costs reduces suspicion and conflict. Providing beneficiaries with:
general explanations of likely expenses,
updates as costs arise, and
summaries of receipts and payments,
is not always legally required, but it is sound practice. Many disputes begin with a lack of information rather than substantive disagreement.
Key takeaway
In NSW, the cost of obtaining an uncontested grant of probate or letters of administration is capped by a court-approved scale. The cost of administering an estate after the grant is not.
Overall estate administration costs depend less on the existence of a Will and more on the complexity of the estate, the behaviour of those involved, and whether disputes arise.
Clear planning during life, careful administration after death, and early advice where issues emerge are the most effective ways to control cost and preserve estate value.
Related Guides — Wills & Estates Law in NSW
Understanding the costs involved in probate and estate administration is an important part of estate planning and administration in New South Wales. The following guides explore other key aspects of wills, estate administration, and inheritance law to help you plan and navigate the process.
Speak to a probate and administration lawyer
Our expert probate and administration lawyers have decades of experience in applying for grants of probate and administering estates. To speak to a specialist estate lawyer, give us a call or submit an enquiry now.
