Probate and deceased estates

Probate and estate administration in Sydney

Named as an executor? We’ll tell you if probate is needed and what it will cost, then handle it for you.

4.9Google rating

Book a free initial call

Leave your details and one of our estates team will call you back. A short, free conversation is usually enough to tell you where you stand.

Have the will and a rough list of assets handy if you can.

What it costs

Estimate your probate cost

Enter the estate’s approximate value to see our fee, GST and the Court filing fee.

$

Include property, bank accounts, shares and other assets in the deceased’s name. Don’t include jointly held assets or super paid directly to a beneficiary.

Our professional fee (scale)–
GST on our fee–
Supreme Court filing fee–
Online notice of intended application$59.00
Estimated total–

An estimate only, based on the scale and Court fees from 1 July 2026. Disbursements and any additional work listed below are extra. Costs are usually paid from the estate.

Book a free call to confirm it
See the full professional fee scale
Value of estateProfessional fee (ex GST)
Up to $30,000$560 plus $13.33 per $1,000
$30,000 to $150,000$960 plus $5.90 per $1,000 over $30,000
$150,000 to $1 million$1,670 plus $4.47 per $1,000 over $150,000
$1 million to $3 million$5,470 plus $1.66 per $1,000 over $1 million
$3 million to $5 million$8,800 plus $1.10 per $1,000 over $3 million
$5 million to $10 million$11,000 plus $0.90 per $1,000 over $5 million
Over $10 million$15,500
Supreme Court filing fees
Gross value of the estateFiling fee
Less than $100,000Nil
$100,000 to under $250,000$960
$250,000 to under $500,000$1,303
$500,000 to under $1 million$1,999
$1 million to under $2 million$2,663
$2 million to under $5 million$4,439
$5 million or more$7,399
Additional work after the grant, where it’s needed
ServiceFee (+ GST)
Transmission application (real estate)$330
Calling in assets, per bank account$250
Insurance policies, per policy$250
Deed of acknowledgement$275
Distributing the estate, per beneficiary$350
Additional assets application$450
Work outside this scopeHourly rates
Where to start

Do you actually need probate?

You will usually need probate if:

  • The deceased owned real estate in their sole name, or as tenants in common
  • A bank holds more than its own release threshold, commonly somewhere between $20,000 and $40,000
  • There are shares, managed funds or an investment portfolio to transfer or sell
  • An aged care facility or retirement village holds a refundable deposit
  • The estate is likely to be contested, or there is doubt about the validity of the will

You may not need it if:

  • Everything was held as joint tenants with a surviving spouse or partner
  • The only assets are modest bank accounts under each institution’s release threshold
  • Superannuation and life insurance are being paid to a nominated beneficiary rather than into the estate

Not sure? Ask us before you lodge anything. The first call is free, and we’ll tell you honestly if you don’t need us.

Book a free initial call
How it works

From the first call to final distribution

We check whether probate is required

We review the will and the asset list and tell you where you stand.

We publish the notice and lodge the application

The online notice is filed with the application for probate in the Supreme Court.

The Court issues the grant

If the registry raises a requisition, we deal with it.

We administer the estate

Collecting assets, paying debts and tax, distributing to beneficiaries and preparing estate accounts.

Grants usually take four to six weeks. Administering the estate typically takes a further three to six months.

Why executors use & Legal

One team, start to finish

The same people throughout

You deal with the same team from the first call to the final distribution. Not a call centre.

Costs you can check

Our fee follows the published scale and is confirmed in writing before we start.

Litigation in the same building

If a claim is made against the estate, you’re not referred to a stranger.

Google reviews

What our clients say

ExcellentGoogle star 1Google star 2Google star 3Google star 4Google star 54.918 reviews
4.9Google star 1Google star 2Google star 3Google star 4Google star 5
Excellent18 reviews
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Deborah Schoeneman profile picture
Deborah Schoeneman
2 days ago
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Darian Iacono and Philippa Johnston were very professional and helpful navigating my sister's estate after her suicide. It was a small estate but they gave us a lot of attention and support during a challenging time. They are efficient, effective and trustworthy. They were particularly helpful to us living outside Australia. Highly recommend.
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Doug Watson profile picture
Doug Watson
95 days ago
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The team at & Legal have got my vote of confidence. Kendell runs a well oiled team. I find her attention to detail is excellent, works only on appropriate issues and looks under the stones for where the un likely concerns would be hiding. They are busy and accomodating.
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Henry Apfelbaum profile picture
Henry Apfelbaum
155 days ago
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I recently had the privilege of engaging the services of “&Legal” for the sale of my existing property and purchase of my new property. I cannot recommend them highly enough, my dealings with John Denes and Daniel Watts were exemplary. Their knowledge, experience and understanding of the industry is second to none. They assisted me with all my complex inquiries, and nothing was too much trouble for them. They went above and beyond to assist me with any complex inquiries that I had and kept me informed of all aspects of the transaction from beginning to end. If you are considering selling or purchasing a property, I highly recommend that you contact “&Legal” with your enquiry, you’ll must be disappointed.
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Frank Ganis profile picture
Frank Ganis
164 days ago
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Outstanding service by a well established team and thank you to Daniel. Best wishes, Frank & Mary
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Mark A-G profile picture
Mark A-G
207 days ago
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& Legal has handled both a property purchase and sale for me in the last 7 years. They have answered all my questions, provided valuable advice, and all has gone smoothly.
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Gigi profile picture
Gigi
214 days ago
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Clear communicators.
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Rita profile picture
Rita
240 days ago
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Excellent service. Great communication throughout the whole process
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Helena Stamoulis profile picture
Helena Stamoulis
263 days ago
Google star 1Google star 2Google star 3Google star 4Google star 5Trustindex verifies that the original source of the review is Google.
The team at &Legal were efficient, patient and got what needed to be done...DONE! Bob & then Daniel got it over the line. Wonderful team to work with.
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Mary L profile picture
Mary L
285 days ago
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Daniel was great to work with!
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film gal in purple profile picture
film gal in purple
312 days ago
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And legal did a very diligent job and took care of all the details well. They explained everything in a helpful way and made the process of buying a house less painful than we had expected. I highly recommend them.
FAQs

Common questions

What is probate, exactly?

It is a document issued by the Supreme Court of New South Wales confirming that the will is valid and that the executor named in it has authority to deal with the estate. Until it is granted, banks, share registries and Land Registry Services will usually refuse to release or transfer anything.

How much does probate cost in NSW?

There are two parts: the Supreme Court filing fee, which is based on the value of the estate, and the professional fee for preparing and lodging the application. Our professional fee follows the scale on this page, so you can estimate it with the calculator above. These costs are usually paid from the estate.

Do I need a lawyer to apply for probate in NSW?

No, you can apply yourself. Most executors use a lawyer because the Court rejects applications for small errors, and because the executor is personally liable for mistakes in the administration that follows.

How long does probate take in NSW?

Usually four to six weeks for the Court to issue a straightforward grant. Administering the estate afterwards generally takes three to six months.

What am I responsible for as executor?

Being an executor is a legal role, not an honorary one. You must identify and protect the assets, pay valid debts and tax before distributing anything, keep proper accounts, and distribute strictly in accordance with the will. Executors who distribute too early, or who miss a creditor, can be held personally liable for the shortfall. Take advice before you pay anything out.

What happens if there is no will?

The person died intestate. Instead of probate, the Court issues letters of administration, which give a close family member the same authority an executor would have had. Who can apply, and who inherits, is set by a fixed order under the Succession Act. The process is similar but the evidence requirements are heavier. We handle both.

What if the will cannot be found?

The Court can accept a copy, or a reconstructed will, with supporting evidence. If no will existed at all, a family member applies for letters of administration instead.

Does everything have to go through probate?

No. Jointly held assets pass to the survivor automatically, and superannuation or life insurance paid to a nominated beneficiary does not form part of the estate.

Can probate be granted if someone is contesting the will?

Probate can still be granted, but a family provision claim can be brought within twelve months of death. Executors should not distribute the estate until that period has passed or the claim is resolved.

What is the difference between probate and letters of administration?

Probate applies where there is a valid will and a named executor. Letters of administration apply where there is no will, or where the named executor cannot act.

Talk to us before you lodge anything

Book a free initial call

A free initial call will tell you whether probate is needed and what it will cost. Call our Double Bay office on (02) 9328 2944 or leave your details.

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