Probate Costs in Victoria

“How much does probate cost?” is one of the first questions executors ask after a death in Victoria. There is no single fixed price. The total cost of dealing with a deceased estate is made up of several distinct components, each of which varies with the size of the estate, the assets involved and the complexity of the administration. It is important to separate the cost of obtaining the grant from the broader cost of administering the estate — they are related, but not the same thing.

This guide sets out the main components in plain English for Victorian readers. For the underlying legal framework, see our companion articles What is probate and when is it required in Victoria? and How long does probate take in Victoria?. For advice on a specific estate, see our Probate & Deceased Estates practice-area page.

The grant versus the administration

Obtaining a grant of probate (or letters of administration) is a discrete Supreme Court process. Its cost is largely made up of the Court filing fee, the advertising fee for the notice of intended application, and the legal fees for preparing and filing the application.

Administering the estate is a broader exercise. It includes collecting assets, paying debts and funeral expenses, dealing with tax, transferring or selling real estate, and ultimately distributing to beneficiaries. Legal costs, valuation fees, real-estate agent fees, accounting fees and other disbursements incurred during that administration are separate from — and commonly greater than — the cost of obtaining the grant itself.

Supreme Court filing fee

Applications for probate in Victoria are made to the Probate Office of the Supreme Court of Victoria under the Administration and Probate Act 1958 (Vic) and the Supreme Court (Administration and Probate) Rules 2023. The Court charges a filing fee when the application is lodged. The grant fee is calculated on the gross value of the Victorian assets only. The current fee schedule, effective from 1 July 2026, is set out below. Fees are ordinarily reviewed annually, so confirm the current schedule before filing.

The RedCrest-Probate notice of intention fee is $38.00. Confirm the current Supreme Court of Victoria Probate Office fees on the official Probate Office fees page before filing.

Advertising and notice charges

Before filing, the executor must publish a notice of intended application through RedCrest-Probate at least 15 days before the application is lodged. A small charge applies for that publication. A separate, optional protective notice under section 33 of the Trustee Act 1958 (Vic) inviting creditors and claimants to come forward may also be published where appropriate before distribution. It is not part of every probate application. These advertising costs are modest compared to the Court fee and legal costs, but they are real out-of-pocket expenses of the estate.

Legal costs

Legal costs for a probate application and estate administration vary significantly with the circumstances of the estate. They are not a single fixed amount, and they are not automatically Court-assessed or set by regulation for every matter. Common factors that increase legal costs include:

• an informal, altered or damaged will;
• a missing original will where only a copy can be located;
• requisitions raised by the Probate Office that require further affidavits;
• contested applications, caveats, or competing claims to a grant;
• assets located outside Victoria or overseas;
• multiple executors, particularly where one or more cannot or will not act;
• renunciations, reservations of leave, or the appointment of an administrator with the will annexed;
• Part IV family provision claims, or the realistic prospect of one; and
• complex estates involving businesses, trusts, self-managed superannuation or foreign law issues.

Straightforward estates with a clear will, cooperative executors and simple assets are less expensive than contested or complex estates. A lawyer engaged for a probate matter should provide costs information under the Legal Profession Uniform Law (Victoria), particularly Part 4.3, including a costs disclosure and, where required, a costs agreement, so the executor understands what is being charged and why.

Proper legal costs and other reasonable administration expenses are generally payable from the estate, subject to the terms of the will, applicable law and the circumstances of the matter. That is not the same as saying every cost is automatically recoverable from the estate or from beneficiaries — the position depends on what the costs are, how they were incurred, and whether they were reasonable and properly referable to the administration.

Valuations, searches and certification

The application must set out the estate’s assets and liabilities. To do that accurately, the executor commonly incurs:

• date-of-death valuations for real estate, business interests, shareholdings, artworks or other significant assets;
• title searches and property certificates for any Victorian real estate;
• company and land registry searches where relevant;
• certified copies of the death certificate, will and identity documents; and
• fees that may be charged by banks, share registries or superannuation funds for particular administrative requests, such as date-of-death balances or transfer of holdings, where applicable.

These are disbursements of the estate. Individually most are modest, but they add up, particularly where multiple properties or many small holdings are involved.

Other administration disbursements

Beyond obtaining the grant, administering the estate can involve a range of further costs, for example:

• accountancy fees for the deceased’s final personal tax return and any estate tax returns;
• real-estate agent commission, marketing and conveyancing costs on any sale of real property;
• Land Use Victoria fees for transfers of title;
• reasonable funeral and related testamentary expenses, where properly payable from the estate in accordance with the will and applicable law;
• storage, insurance and maintenance of estate assets pending distribution; and
• the costs of resolving any dispute, whether by negotiation, mediation or Court proceedings.

Who pays, and when

The estate itself generally bears the proper costs of obtaining the grant and administering the estate. In practice, up-front outlays — particularly the Court filing fee and initial legal fees — sometimes need to be funded before probate issues, because banks and other asset holders may not release funds without the grant. Once the grant issues and the executor has access to estate funds, those outlays are typically reimbursed from the estate, subject to the will and applicable law.

Where an application is contested, a Part IV claim is made, or costs are otherwise disputed, the Court may make specific costs orders. Executors should not assume that all legal costs of every dispute will automatically be paid from the estate; the outcome depends on the nature of the proceedings and the Court’s discretion.

Getting a realistic estimate

A meaningful estimate of probate costs requires at least a basic picture of the estate — the will, the nature and location of the main assets, whether there are likely to be requisitions or disputes, and whether the executor needs assistance with the broader administration as well as the grant itself. A short scoping conversation is usually enough for a lawyer to identify the likely fee tier for the Court filing fee, the expected legal costs of the application, and the further work that administering the particular estate is likely to involve.

Getting help

Holt & Macdonald’s Ringwood office regularly assists executors and beneficiaries with probate applications and deceased estate administration across Melbourne’s eastern suburbs. Our Executor Checklist for Victoria sets out the practical steps in more detail, and our Probate & Deceased Estates page describes how we can help.