Rising probate costs: how court fees and legal costs impact estates

Probate filing fees now reach over $17,000 in some states, with rising legal costs adding pressure on executors. Here’s what families and family businesses need to know.

The cost of probate is rising

When someone passes away, dealing with their estate involves more than just grief and paperwork. Executors must navigate probate – the process of proving a Will and securing authority to manage the estate. Increasingly, the first surprise is just how much probate costs.

Filing fees across Australia range from $0 in the ACT to more than $17,000 in Victoria for high-value estates. On top of that, legal costs are often charged by the hour, though many firms now offer fixed fees for standard probate applications.

For families and family businesses where assets are often illiquid, these costs can present a real challenge.

Understanding probate costs

Probate costs usually fall into two categories:

Court Filing Fees: Paid directly to the Supreme Court when lodging an application. These vary by state and by the gross value of the estate. Victoria now charges up to $17,297.50 for estates worth $7 million or more – a 625% increase compared with 2023. South Australia ranges from $987 to $3,945. Queensland applies a flat fee of $819.90, while Western Australia charges $408. As State Governments increasingly search for additional sources of revenue, it is not unlikely that we will see an uptick in Court Filing Fees over the coming years.

Solicitors’ Fees: The legal costs of preparing and lodging the application, gathering documents, and responding to court requisitions. In NSW, these are regulated by a statutory scale. Elsewhere, firms may charge hourly or offer fixed fees which can vary depending on the complexity and organisation of the estate.

Our tip: the most effective way to keep costs down is to gather your documents thoroughly and provide them in one go. The more organised your paperwork, the less time your solicitor spends on the administration.

Why costs matter for executors and beneficiaries

The timing of these fees creates practical problems:

Upfront payments: Executors may need to cover court filing fees before accessing estate funds. For estates with most wealth tied up in property or a business, cash can be difficult to find.

Impact on regional and small firms: Fee hikes disadvantage executors in regional areas, where lawyers often cannot cover the fees on behalf of clients.

Business disruption: For family businesses, delays in paying fees can stall succession, asset transfers, and tax planning.

The hidden costs: delays and requisitions

It isn’t just money: 70% of cost blowouts are caused by asset-holder requirements (e.g. banks demanding certified hard copies), with further delays from courts and slow responses by executors. Every delay means ongoing legal costs, longer stress for families, and greater risk of disputes between beneficiaries.

How families can prepare

To minimise cost and stress, we recommend families and executors should:

Plan ahead: Review Wills and estate structures to understand what assets will require probate and what fees may apply.

Provide liquidity: Ensure there are funds available to cover probate fees, either through estate cash, life insurance or loan arrangements.

Seek fee transparency: Where possible, ask your lawyer for transparency about costs.

Reduce complexity where possible: Keeping estate planning documents updated can help avoid unnecessary requisitions or disputes.

How we can help: our executor service

At ADLV Law, we don’t just advise executors. We also act as professional executors for Australian families.

We administer estates efficiently and responsibly, with funds held in our regulated solicitor’s trust account under Law Society oversight.

Our decisions are independent of financial institutions and guided only by the Will-maker’s instructions and the law.

We work with your existing advisers to ensure smooth administration and keep clear, detailed records so beneficiaries remain fully informed.

Our executor services are covered by professional indemnity insurance, providing additional peace of mind.

Fees are structured with a modest minimum retainer (0.8% p.a. of the estate’s value) plus a flat hourly rate for additional work – offering both certainty and flexibility in costs.

For families and family businesses, this means probate and estate administration can be handled by professionals who combine technical expertise with independence and transparency.

Final word

Rising probate costs are a reality across Australia, and for many families they arrive at the worst possible time. But with careful planning and the right legal guidance, executors can manage these costs without unnecessary disruption.

Call us on 1300 654 590 or email us at wehelp@adlvlaw.com.au to discuss how we can support you through probate and estate administration.

The information contained in this post is current at the date of editing – 31 March 2026.

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