If you’re dealing with a loved one’s estate, you’ve probably come across the term probate fees and wondered what it actually includes.
It’s a common source of confusion.
This guide explains what probate fees are, what you’re likely to pay, and what affects the total cost, in simple, clear terms.
In simple terms
Probate fees are the costs involved in getting legal authority to manage a person’s estate.
They usually include court fees and, in some cases, professional (legal or accounting) fees.
Missing One Document Can Add Weeks to Probate.
Many of those delays can be avoided
Our simple step-by-step guide helps you understand the process, gather the right documents and avoid common issues that can slow things down.
Do You Need to Pay These Fees?
In most cases, probate fees are paid from the estate, not your own money.
That means the costs are usually covered using the deceased person’s assets before anything is distributed to beneficiaries.
However, there are a couple of things to be aware of:
- you may need to pay some costs upfront (such as court fees)
- you are usually reimbursed from the estate later
If probate isn’t required, many of these fees may not apply at all.
Find out: Do I need probate in Australia?
What Are Probate Fees Made Up Of?
There are a few main components.
1. Court filing fees
When you apply for probate, you pay a fee to the Supreme Court in your state or territory.
These fees:
- vary by state
- usually increases with the value of the estate
Learn more: Probate cost in Australia
2. Legal fees (optional)
If you use a lawyer, their fees will usually be the largest part of the cost.
These can be:
- fixed fees
- hourly rates
- or based on the complexity of the estate
Some people choose to handle probate themselves, while others prefer support to avoid delays or mistakes.
Step-by-step: How to apply for probate
3. Additional costs
Depending on the situation, there may also be smaller costs such as:
- advertising the probate application
- certified copies of documents
- property valuations
- accounting or tax advice
These are usually modest individually, but can add up.
Example: What Probate Fees Might Look Like
Here’s a simple example as guidance (not legal advice, all estates are different).
Scenario
- Estate value: $1,000,000
- Location: Victoria
- Assets: property + bank accounts
- Clear will, no disputes
Typical costs
- Court fee: ~$2,471
- Advertising: ~$30–$50
- Legal fees: $3,000 – $8,000
- Other costs: $200 – $1,000
Estimated total: $5,500 – $11,500+
If handled without a lawyer, the total may be closer to the lower end but mistakes can be costly.
Cheap vs Expensive Estate (What Changes the Cost?)
Two estates can be the same size but cost very different amounts to administer.
Lower-cost (simpler estate)
Example:
- $1M estate
- Family home + 1–2 bank accounts
- Clear, valid will
- No disputes
- Easy-to-locate assets
Typical costs:
- Court fee: ~$2,471
- Legal fees (optional): $3,000 – $5,000
- Other costs: $200 – $500
Estimated total: $5,500 – $8,000
Higher-cost (more complex estate)
Example:
- $1M estate
- Multiple properties or investments
- Missing or unclear documents
- Beneficiary disagreements
- Tax or business interests involved
Typical costs:
- Court fee: ~$2,471
- Legal fees: $8,000 – $20,000+
- Other costs: $1,000 – $5,000+
Estimated total: $12,000 – $25,000+
The key difference
The biggest cost driver isn’t just the size of the estate, it’s how complex it is to manage.
Which Fees Do You Actually Pay Personally?
In most cases, probate fees are paid from the estate, not your own money.
However:
- some costs may need to be paid upfront
- you may be reimbursed later from estate funds
Do You Always Need to Pay Probate Fees?
No.
If probate isn’t required, you may avoid many of these costs altogether.
Find out: Do I need probate in Australia?
Key Takeaway
- Probate fees usually include court fees and (optionally) legal fees
- Costs vary depending on the estate and level of complexity
- Many costs are paid from the estate itself
If you’re unsure, that’s completely normal, most people are learning this for the first time.
Related Guides
- Download our comprehensive step by step probate guide
- Probate cost in Australia
- What is probate?
- How to apply for probate
- What to do when someone dies
Take things one step at a time, you don’t need to understand everything all at once.