Guide
Probate costs in Victoria
There are two different things people mean by 'the cost of probate'. One is the fees the Supreme Court of Victoria charges, which are published and fixed by regulation. The other is legal costs, which depend on the work the estate actually needs. This guide explains both, and what drives the difference.
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.
Supreme Court filing fees
The Court's fee for filing an application for a grant of representation is calculated on the gross value of Victorian assets only. The following bands are taken from the Supreme Court of Victoria fee schedule effective 1 July 2026, which applies to a standard fee payer. Under the schedule's definitions, the executor or administrator of a deceased estate is a standard fee payer.
| Gross value of Victorian assets | Filing fee |
|---|---|
| Less than $250,000 | $0.00 |
| $250,000 or more but less than $500,000 | $544.00 |
| $500,000 or more but less than $1,000,000 | $1,088.00 |
| $1,000,000 or more but less than $2,000,000 | $2,538.70 |
| $2,000,000 or more but less than $3,000,000 | $5,077.40 |
| $3,000,000 or more but less than $5,000,000 | $7,598.80 |
| $5,000,000 or more but less than $7,000,000 | $12,693.40 |
| $7,000,000 or more | $17,770.80 |
Other Court and third-party costs
Advertising the notice of intention
The notice of intention to apply for a grant must be published online through RedCrest-Probate at least 15 days before the application is filed. Under the schedule effective 1 July 2026 the fee for posting that notice was $38.00, with a higher fee for a republished notice.
The small estate service
Where the estate is under the small estate limit and the application is simple, the Probate Office's optional service can prepare the application. The fee for that preparation was $285.00 under the schedule effective 1 July 2026. The small estate limit is calculated under section 71 of the Administration and Probate Act 1958.
Other typical disbursements
- The death certificate, obtained from Births, Deaths and Marriages Victoria.
- Land registry lodgement fees where estate property is transferred or sold.
- Company or share registry transfer costs.
- Valuations, where an asset's value must be established.
- Accounting fees for the deceased's or the estate's tax returns.
Legal costs
We do not publish a fixed price for probate. A figure quoted before anyone has seen the will, the asset list and the family circumstances is not a reliable estimate, and estates differ enormously in what they actually require.
What we do instead is straightforward. Before any work begins we discuss:
- what needs to be done, and what does not — some estates do not need a grant at all;
- which parts we would handle and which you may prefer to do yourself;
- the likely Court fee band based on the gross value of the Victorian assets;
- our costs for the scope we have identified, and what would change them;
- which costs are payable by the estate and when.
Legal costs are governed by Victorian legal costs legislation. The disclosure required depends on the estimated total legal costs and any applicable statutory exception. If you ever have a concern about a Victorian lawyer's costs or conduct, the Victorian Legal Services Board and Commissioner is the relevant body.
What actually drives the cost
- Whether the original will is available and can be admitted to probate, and whether the named executor can act.
- The number and type of assets, and how cooperative the institutions holding them are.
- Whether there is real property to transfer or sell.
- Whether the estate has debts, tax arrears or an insolvency question.
- Whether a caveat, a challenge to the will or a family provision claim arises.
- Whether assets are held outside Victoria and a reseal or separate grant is needed.
Broadly, an estate with a clear will, a small number of institutions and no dispute involves less work than one where entitlements, assets or the will itself are in question. We set out the expected scope and costs before work begins. See executor duties for situations in which additional work or risk may arise.
Frequently asked questions
How much is the Supreme Court filing fee for probate in Victoria?
The filing fee is tiered according to the gross value of the deceased's Victorian assets. Under the fee schedule effective 1 July 2026, no fee is payable where the gross value is less than $250,000, rising through fixed bands to $17,770.80 where the gross value is $7,000,000 or more. Court fees generally increase annually on 1 July, so always check the Court's current fee list.
Is the filing fee calculated on the whole estate?
The Court's fee item states that the fee is calculated on the gross value of Victorian assets only. It is a gross figure, so it is not reduced by the mortgage or other debts.
What other Court costs are there?
The notice of intention to apply must be published online, for which the Court charges an advertising fee — $38.00 under the schedule effective 1 July 2026. Other fees apply to specific steps, including filing a caveat and requesting an amendment to a grant.
Does the executor pay these costs personally?
Costs of obtaining a grant and administering the estate are ordinarily borne by the estate. In practice an executor sometimes has to fund a fee up front where the estate has no accessible cash before the grant. An executor is ordinarily entitled to reimbursement of proper estate-administration expenses reasonably incurred, rather than of any payment they choose to make.
How are your legal costs worked out?
We explain the likely scope of work and our costs before you decide whether to proceed. The amount depends on the documents available, the assets involved, whether there is a will that can be admitted to probate, whether the executor can act, and whether any issues or disputes arise. Legal costs are governed by Victorian legal costs legislation, and the disclosure required depends on the estimated total legal costs and any applicable statutory exception. We do not publish a fixed price, because a figure quoted before we have seen the will and the asset position would not be reliable.
Is there a cheaper option for a small estate?
The Probate Office operates an optional service that can prepare an application where the estate is under the small estate limit and the application is simple. A fee is charged for that service — $285.00 under the schedule effective 1 July 2026. The small estate limit is calculated under section 71 of the Administration and Probate Act 1958.
Primary sources
Want an estimate for your estate?
Tell us about the will and the assets and we will explain the likely scope and costs.