We charge a fixed fee for obtaining most probates or letters of administration. We will provide you with an upfront obligation free quote depending on the estimated value of the estate.
Some estates may be complicated or unusual – in these circumstances, and they are a minority of matters, we may charge differently, but we will let you know up front how we will charge.
We can also help with the administration of estates, where our fees are also competitive.
Fixed price probates and letters of administration
We offer a fixed fee service which starts at just $1,500.
Our fixed fee means that you know from the start how much you will pay and you can always talk to us freely without worrying that the clock is ticking.
What are our fixed fees
Our fixed fees represent a discount on the fees set out in the Supreme Court Scheduled Costs for Legal Service for Probate and Administration Matters.
|Value of Assets||Costs Payable|
|$125,000 - $250,000||$1,500|
|$250,000 - $500,000||$2,000|
|$500,000 - $1 million||$3,000|
|$1 million - $3 million||$5,000|
|$3 million - $5 million||$8,000|
|Over $ 5 million||On Application|
The fees quoted exclude GST and any third party fees, including valuation, advertising and filing fees.
There are some costs which you may have to meet that are outside of our services and charged by third parties. This will include court filing fees and may also include valuation fees when assets such as houses are valued, or the fees for advertising for unknown creditors.
Services included in these fixed fees
- Receive death certificate, Will (if there is one) and all paperwork relating to the assets and liabilities
- Obtaining instructions for grant of probate or letters of administration
- Attendance to verify the details of assets as supplied by executor (where required)
- Preparation of all Court documents for the grant of probate/letters of administration
- Attendance on executor(s) to sign Court documents
- Lodging Court documents
- Answering requisitions from the Court
- Perusing grant of probate
- Advising executor(s) of grant of probate
Our fixed fees are based on the following assumptions:
- You are able to provide us with a list of the assets and liabilities of the estate, including their estimated values at the date of the passing of the deceased
- If there is a Will, that the terms of the Will are clear
- If there is only a copy of the Will, not the original, that the efforts taken by you to find the original can be quickly identified
- If there is no Will, that we can work with you to quickly identify the beneficiaries of the estate and the appointed Executors
- It does not include any advice on complex questions of interpretation of a Will or the rights of people to challenge the Will
Pricing for more complicated probates
If additional work is required to obtain the grant of probate or the letters of administration, we will discuss with you before proceeding and any additional work done will be charged at our hourly rates.
On any additional services which may need to be completed, we will offer a 15% discount off our standard hourly rates for the first 10 hours of any additional work.
The types of additional services which may be required can include the following:
- Reviewing and sorting through estate papers and items
- Advising on taxation and meeting the requirements of the Deputy Commissioner of Taxation including preparation of returns
- Obtaining valuations/appraisals of assets and/or liabilities of the Estate
- Review all paperwork relating to the value of the assets and liabilities of the Estate and calculate the gross and net values of the Estate
- Ascertaining whether certain assets form part of the estate
- Inquiries and research to ascertain the existence of assets
- Preliminary advice on searching for lost assets
- Advising on the rights of other parties to challenge the will
- Advice on complex questions of interpretation of the will
- Advising on questions of informal wills, rectification, capacity, duress, undue influence and forgery
- Advising on renunciation or reservations of rights to apply
- All work done in the preparation of executor's accounts and their filing and passing
- Preparation and publication of notices of intended distribution
- Register the Grant of Probate with all known asset holders and call in the assets of the Estate
- Liaising with beneficiaries
Pricing for Administration of Estates
Once probate is granted, the estate needs to be administered. Depending on the nature of the assets to be administered, this could involve some or all of the following:
- transfer of shares
- transmission of real properties
- closing of bank accounts
- assisting in the preparation of the executor's distribution report and accounts
Some executors may choose to do this work themselves. However, Estate Legal can assist you. This may be especially appropriate where:
- you are not familiar with the probate process or the estate; or
- you do not have the time to devote to administering the assets.
In our experience, most estates can be administered with up to 10 hours of legal work at a cost of up to $2000.
There are some estates where the fee for this service may be more. These include estates:
- with significant assets located abroad;
- which include business assets;
- with more than 10 separate holdings of shares or similar assets;
- with actual or some potential claims against it; or
- some other unusual circumstances.
If you would like further information on our administration services, please contact us and we can discuss your situation with you in further detail.