Guide
Probate costs in Victoria
The Supreme Court's 2026–27 grant filing fee depends on the gross value of Victorian assets. Advertising, legal work and estate administration expenses are separate. The figures below are the Court's published fees effective 1 July 2026, not a quote for legal services.
Reviewed by Jim Parke, Lawyer and Chartered Accountant.
Published: Last reviewed:
General information about Victorian law only. It is not legal advice and does not consider your circumstances.
2026–27 Court filing fees
The following Supreme Court fee schedule effective 1 July 2026 (PDF) sets the standard fee for an application for a grant of representation or reseal. The value is the gross value of Victorian assets only. These figures do not measure the net value available for beneficiaries.
| Gross Victorian assets | Filing fee |
|---|---|
| Less than $250,000 | $0.00 |
| $250,000 to under $500,000 | $544.00 |
| $500,000 to under $1,000,000 | $1,088.00 |
| $1,000,000 to under $2,000,000 | $2,538.70 |
| $2,000,000 to under $3,000,000 | $5,077.40 |
| $3,000,000 to under $5,000,000 | $7,598.80 |
| $5,000,000 to under $7,000,000 | $12,693.40 |
| $7,000,000 or more | $17,770.80 |
Read the first figure as a threshold, not a deduction: if the gross Victorian assets are exactly $250,000, the second band applies. If the total reaches exactly $500,000, the third applies. Confirm the applicable assets and the Court's fee schedule before lodging; the fee is not calculated on all assets around the world and is not reduced by a mortgage.
Other Court charges and small estates
Notice and amendments
Before a grant application, the notice of intention must be published through RedCrest-Probate at least 15 days before filing. The 2026–27 advertisement fee is $38.00. A republished notice costs $51.80. Filing an amended originating motion costs $51.80. These are distinct from the grant application fee; other Court steps may have their own charges.
Republishing is not a routine extra fee to add to every estimate. It becomes relevant if a notice needs to be published again. Similarly, an amended originating motion is not the same thing as the initial grant application. Ask which step is actually required before budgeting for it.
Optional Probate Office small-estate service
The Court has an optional preparation service for eligible straightforward small-estate applications. Its 2026–27 preparation fee is $285.00. The Court's small-estates guidance gives a limit of $137,210 for deaths from 1 July 2026 to 30 June 2027. The date of death matters: do not apply that limit indiscriminately to an earlier death.
Preparation is not the grant itself, and eligibility does not mean an estate necessarily needs a grant. Check first whether a bank, share registry or land transaction requires one. If a will is disputed, the applicant is uncertain or the assets are complicated, a small-estate preparation service may not resolve those questions.
How the filing fee is calculated
Start with an asset inventory. Record the deceased's interest in Victorian land, bank accounts and other Victorian assets, and separate debts and mortgages in a liabilities column. Do not simply subtract liabilities to find the fee band. The fee item uses gross Victorian assets.
- Check how each asset was held: solely, as a tenant in common or jointly. Jointly held property may pass by survivorship rather than under the grant.
- Ask each institution whether it will release funds without a grant. Not every estate needs an application, even where the inventory has value.
- Confirm what value the Court requires for each relevant Victorian asset and keep supporting statements or valuation material.
- If the estate spans jurisdictions, identify which assets are Victorian. A separate grant or reseal question may arise for interstate or overseas property.
The same estate may have filing fees, asset-specific administration expenses and tax work at different stages. See when probate is needed before assuming the expense is unavoidable.
For example, a mortgage may reduce the amount ultimately available for distribution, but it does not change the gross-asset test simply by being recorded as a liability. Likewise, the presence of property outside Victoria does not mean its full worldwide value belongs in the Victorian filing-fee band. Work from the Court's instructions for the particular inventory and, if an asset's location or ownership is uncertain, resolve that issue before paying. A later correction to the asset list may require further procedural steps; do not select a band by guesswork.
Legal work and the scope of a quote
A Court fee is not a lawyer's fee. An applicant can prepare and lodge a straightforward application without engaging a lawyer. Legal assistance can instead be confined to advice about the grant type, review of a will, preparing an application, answering a requisition or managing administration after the grant. The cost depends on the work actually agreed.
Before engaging a lawyer, ask what the proposed retainer covers and whether the price is fixed for a defined task, estimated for an uncertain scope, or charged by time. A fixed fee for one defined stage is not a promise that all estate work is included. An estimate should identify its assumptions, likely disbursements and circumstances that could change it. Victorian legal-costs disclosure obligations depend on the estimated total and any applicable statutory exception.
Questions to ask before agreeing to work
- Is the scope limited to obtaining a grant, or does it include collecting assets and distributing the estate?
- Does the amount include GST, Court charges, advertising, certificates and third-party expenses?
- Who will arrange valuations, tax returns and property transactions?
- How will additional work be approved if a requisition, competing application or dispute occurs?
- What information do you need from me to give a reliable estimate, and when are payments due?
The complexity drivers include a missing original will, codicils or alterations, uncertainty about who may apply, multiple or overseas assets, difficult institutions, debts, trusts and disputes. These are reasons to define the scope rather than publish a one-size-fits-all legal fee. For conduct or costs concerns, the Victorian Legal Services Board and Commissioner provides information.
Other estate expenses and who pays
Expenses can continue after the Court issues the grant. A death certificate, valuation, land lodgement, property maintenance, insurance, accounting or tax advice may be needed. Not every estate incurs every item. Where land is sold or transferred, conveyancing and duty assessment are separate tasks. A dispute, litigation, overseas dealing or complex tax issue may require additional professional work.
- Grant stage: notice, filing and any certificate or affidavit-related costs.
- Asset stage: registry, valuation, storage, insurance or sale costs relevant to the particular property.
- Tax stage: the deceased's final return, estate trust returns where required, and any CGT or other advice.
- Dispute stage: advice, negotiation or litigation where a claim or competing entitlement arises; do not assume this is in a grant-only retainer.
Proper administration costs are ordinarily met by the estate rather than being permanently borne by the executor. An executor may need to advance an expense while assets are inaccessible, but reimbursement is for proper expenses reasonably incurred. Keep receipts and a separate record of estate money. Beneficiaries receive what remains after proper liabilities and expenses are met; an estimate of gross assets is not an estimate of their final entitlement.
Request an itemised distinction between professional work and third-party expenses. A filing fee is payable to the Court, a valuation to a valuer and a tax-return fee to the accountant who prepares it. A lawyer may arrange those tasks, but they do not become the Court's filing charge merely because they appear on one invoice. Ask who authorises each expense and whether the estimate includes the work of answering a requisition. If the executor pays a charge before estate funds are released, record the date, purpose and receipt so reimbursement can be accounted for later.
How we can help
Use the enquiry page to describe the will, Victorian assets and the stage reached. The next useful question may be whether any grant is required, not how much to pay for one. If legal assistance is appropriate, scope and costs should be explained before work is agreed; this page is information, not an offer of a fixed legal fee.
For later-stage expenses, read the estate administration guide. For responsibilities and reimbursement, see executor duties. Where there is no will capable of admission, the administration guide explains the different application.
Frequently asked questions
How much does it cost to apply for probate in Victoria?
For the Supreme Court's 2026–27 standard fee schedule, the grant or reseal filing fee ranges from $0.00 for gross Victorian assets below $250,000 to $17,770.80 for gross Victorian assets of $7,000,000 or more. Advertising, legal work and other expenses are separate.
Is the filing fee based on net estate value?
No. The Court bases the filing fee on the gross value of Victorian assets only, not the amount left after deducting mortgages, liabilities or administration expenses. Confirm what belongs in the Victorian asset inventory before choosing a band.
What does it cost to advertise a probate notice?
Under the Court's schedule effective 1 July 2026, publishing a notice of intention to apply costs $38.00. Republishing a notice costs $51.80. The notice must be published through RedCrest-Probate at least 15 days before the application is filed.
Does an amended originating motion cost extra?
Yes. The 2026–27 Court fee for an amended originating motion is $51.80. Other changes or additional applications can involve further costs; check the current Court fee schedule for the particular step.
What is the small-estate limit for 2026–27?
The Court's published small-estate limit is $137,210 for deaths between 1 July 2026 and 30 June 2027. The optional Probate Office application-preparation service costs $285.00 under the schedule effective 1 July 2026; eligibility and suitability should be checked with the Court.
Are legal fees included in the Court filing fee?
No. The filing fee is paid to the Court. A lawyer's work, if engaged, is a separate cost, as are potential expenses such as certificates, valuations, land lodgement and tax advice. Ask for a scope and cost explanation that separates these items.
Does every estate need to pay for a lawyer?
No. The Supreme Court accepts applications by individuals. Whether legal assistance is worthwhile depends on the will, assets, applicant and any complications. Some estates do not need a grant at all; ask the relevant asset holders first.
Who ultimately pays probate and estate expenses?
Proper expenses of obtaining a grant and administering an estate are ordinarily met from estate funds. An executor might pay a Court fee before assets can be accessed and later seek reimbursement for proper expenses reasonably incurred. Keep receipts and distinguish estate expenses from personal spending.
Can I get a fixed price for all estate work?
A price depends on an agreed scope. A fixed amount, estimate or hourly arrangement may be suitable for different work, but exclusions and changes in scope must be understood. This website publishes no legal fee quote or fixed legal price.
Primary sources
- Supreme Court of Victoria — Probate Office fees
- Supreme Court of Victoria — Court fees effective 1 July 2026 (PDF)
- Supreme Court — Small estates
- Supreme Court of Victoria — How to apply for a grant of probate or administration
- Administration and Probate Act 1958 (Vic)
- Victorian Legal Services Board and Commissioner
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