If you are an executor of a Will or you are seeking to become an administrator of an estate where the deceased left no Will, it is important to be aware of the probate office fees associated with applying for a Grant of Probate or Letters of Administration.

This blog explores the probate fees in the Supreme Court of Victoria (‘the Court’) and how they may impact costs associated with making an application for a Grant of Representation.

Fees payable to the probate office are provided for by the Supreme Court (Fees) Regulations 2018 and increase annually on 1 July each year in accordance with the rate fixed by the Victorian Treasurer under the Monetary Units Act 2004.

The two fees listed below are the most common Court fees you will face in your probate application. A more comprehensive list of probate office fees can be found in the probate office fees list on the Court website.

Probate office online advertisement fee

The Court will not approve the making of a Grant of Probate or Letters of Administration unless the executor or proposed administrator has advertised their intention to apply for a grant.

The advertisement must be posted on the Court website.

As of 1 July 2024, the fee to post a notice of intention to apply for a Grant of Representation on the Court’s website is $26.10.

Probate and Letters of Administration filing fee

The filing fee for an application for a Grant of Representation depends on the gross value of the Victorian assets comprising the estate.

This means that if the estate includes interstate or overseas assets, the value of these assets is not included for the purposes of the calculation of the appropriate filing fee.

Moreover, the calculation is based on the gross value of the Victorian assets (that is, the value of the assets before taking account of any liabilities and expenses) and not the net value of the assets (that is, the value of the assets once any liabilities and expenses are considered).

Probate office filing fees as of 1 July 2024

• $68.60, where the gross value of the estate is less than $500,000.
• $367.40, where the gross value of the estate is $500,000 or more but less than $1,000,000.
• $685.90, where the gross value of the estate is $1,000,000 or more but less than $2,000,000.
• $1,502.40, where the gross value of the estate is $2,000,000 or more but less than $3,000,000; and
• $2,318.90, where the gross value of the estate is $3,000,000 or more.

How do costs and probate fees impact my application for probate or Letters of Administration?

If you have engaged a lawyer to represent you in your application for a Grant of Probate or Letters of Administration, the advertisement fee and the probate filing fee (which are known as disbursements), are separate to the fees charged by your lawyer for the work they carry out in the matter (known as professional fees).

Your lawyer will enter into a Cost Agreement with you which outlines how they will charge you in your matter.

Smith Family Law generally charges a fixed professional fee for Grants of Probate and Letters of Administration. This means we will charge you a set fee for the full scope of work and provide an estimate for any additional stages that may be required.

Generally, the fees will only fall outside the fixed fee if the scope of the work changes or additional work is required. Disbursements, including the online advertisement and filing fee, are charged in addition to the fixed professional fee. By entering into a fixed fee arrangement, you will have certainty and know exactly how much your fees will be.

You can learn more about how we charge here.

Whilst it may be necessary for an executor to personally outlay these fees at the commencement of the matter, they are entitled to reimbursement from the estate funds as soon as they are available, following the Grant of Probate.

Proposed increase in probate fees in Victoria

The state government is currently reviewing Supreme Court probate fees, and there are plans to significantly increase probate office fees.

Victoria’s peak legal body, the Law Institute of Victoria, has expressed concerns that the increase in fees could limit access to justice and deter people from agreeing to an appointment as executor as well as deterring executors from making probate applications and completing the administration of an estate. Ultimately, the increased fees could prolong the process of probate and tie up and delay payments to beneficiaries, adding extra stress, financial hardship and suffering to families who are already grieving.

Increases of 650 per cent are being considered by the government.

Whilst there is no doubt any significant increase in fees could place an extra burden on executors and cause hardships for already suffering families, we are yet to know specific details surrounding the government’s proposed plans.

Get help from a probate lawyer

Smith Family Law can assist you with your application for a Grant of Probate or Letters of Administration of a deceased estate. Our deceased’s estates team can discuss your matter in a free initial appointment, as well as explain the process and fees associated with probate.

Contacting Smith Family Law

📞 03 8625 8957

📧 [email protected]