Probate
8. Filing Documents
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 16 Aug 2015
- By this stage you should have prepared most of the documents necessary for a successful grant of probate. You will then need to work out and arrange the filing fee.
- The filing fee is calculated on the gross value of the estate of the deceased person assets minus any assets held as joint tenancies and assets outside NSW.
- Once you have determined the gross value of the estate you will need to refer to the NSW Supreme Court website for the current filing fees for the estate. You can download the list of fees here: http://www.supremecourt.justice.nsw.gov.au/supremecourt/SCO2_fees.html. The amount of any filing fee will be different depending on your state or territory of residence.
- In NSW the fees as at December 2014 are:
- gross value of the estate less than $100,000 = free;
- gross value of the estate $100,000 or more, but less than $250,000 = $685;
- gross value of the estate $250,000 or more, but less than $500,000 = $949;
- gross value of the estate $500,000 or more, but less than $1,000,000 = $1,424;
- gross value of the estate $1,000,000 but less than $2,000,000.00 = $1,899;
- gross value of the estate $2,000,000 or more but less than $5,000,000.00 = $3,164; and
- gross value of the estate $5,000,000 or more = $5,274.
- You can pay your fee by sending a bank cheque or a credit card authorisation form when you file your documents for probate with the Supreme Court of NSW. Usually if you have engaged a solicitor to assist you they will attend to the filing on your behalf.
- If payment of the fee will cause you financial hardship you can fill out a form providing information about your own financial situation and request that the fee be waived. In NSW the form is available from: http://www.supremecourt.justice.nsw.gov.au/supremecourt/SCO2_forms/SCO2_forms_subject/fee_postpone_waiver_reduction.html.
- In NSW you will need 2 copies of:
- the completed UCPR Form 112 which is the proposed form of grant of probate;
- the will and any codicils; and
- a completed UCPR Form 117 which is the inventory of assets of the estate.
- You will also need a stamped and self-addressed A4 envelope. Express post is recommended for tracking purposes. The court will return the sealed copy of the grant of probate to you using this envelope.
- Depending on your state or territory of residence the court will require different forms to be completed and lodged with the court. You will need to check the Supreme Court website for your particular state or territory.
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