Changes to Probate Office fees will commence on 18 November 2024.
COMPARISON CHART OF OLD & NEW LOGING FEES FOR GRANTS OF REPRESENTATION (PROBATE/LETTERS OF ADMINISTRATION)
| Estate Value | Current fees | New Fees |
| Less than $250,000 | $68.80 | $0.00 |
| $250,000 to $500,000 | $68.80 | $514.40 |
| $500,000 to $1,000,000 | $367.40 | $1,028.80 |
| $1,000,000 to $2,000,000 | $685.90 | $2,400.50 |
| $2,000,000 to $3,000,000 | $1,502.40 | $4,801.00 |
| $3,000,000 to $5,000,000 | $2,318.90 | $7,185.20 |
| $5,000,000 to $7,000,000 | $2,318.90 | $12,002.60 |
| More than $7,000,000 | $2,318.90 | $16,803.60 |
What is probate?
A Grant of Representation can be a Grant of Probate or Letters of Administration. Letters of Administration are granted when the deceased died without a valid will, or without an executor.
The Grant gives the Executor or Administrator the legal right to administer a deceased’s estate, confirming their legal authority to act. The Grant of Probate certifies that the deceased’s Will is valid and can be acted on.
When is probate required?
A Grant of Representation may not be required to administer the deceased’s estate, including collecting all the deceased’s assets, paying debts and distributing the assets to entitled beneficiaries. These duties may be carried out informally without a grant, for example if bank accounts held solely by the deceased are relatively small (each bank sets a different threshold, but many don’t require a grant for less than $50,000).
Estate Value
The gross value of the deceased’s estate determines the amount of probate fees payable.
Not all assets for part of the deceased’s estate and do not include jointly held assets (as opposed to assets owned as tenants in common) which pass automatically to a joint survivor on death, superannuation death benefits and life insurance benefits where the legal personal representative (estate) is not the nominee, and assets held in a trust.
For advice and assistance in relation to estate administration contact Fleur Craig of Armour-Craig Legal on (03) 5636 4986 or fleur@armourcraiglegal.com.au.